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 .
Priorities and Examiner Remarks
This application is a National Stage entry of PCT/KR2023/000657 (international filing date: 01/13/2023), that claims foreign priority to application of REPUBLIC OF KOREA: 10-2022-0012423 (filed 01/27/2022).
Double Patenting
Claims 16, 19, 26, and 29 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 15 of co-pending Application No. 17811061 (hereinafter co-pending 17811061), in view of FAN et al. (US 20210219336 A1, hereinafter FAN) and Lo et al. (US 20210051635 A1, hereinafter Lo). Although the conflicting claims are not identical, they are not patentably distinct from each other because of the following:
Regarding claim 16, co-pending 17811061 teaches the following:
instant application claims:
Co-pending 17811061 teaches:
16. A method performed by a user equipment (UE) in a wireless communication system, the method comprising:
15. A method for operating a user equipment (UE), the method comprising:
receiving, from a base station, downlink control information (DCI) including a codepoint indicating a first transmission configuration indication (TCI) state and a second TCI state;
receiving a downlink control information (DCI) including at least one TCI codepoint indicating first and second transmission configuration indication (TCI) states;
identifying, the first TCI state for receiving a physical downlink control channel (PDCCH) among the first TCI state and the second TCI state; and
determining, based on the first or second TCI states, ... for receiving a physical downlink control channel (PDCCH);
receiving the PDCCH based on the first TCI state,
receiving the PDCCH...
[ does not teach based on the first TCI state ]
wherein the first TCI state is identified based on configuration information indicating which TCI state among the first TCI state and the second TCI state, indicated by the codepoint, is applied to the PDCCH reception
[ does not teach ]
Hence, Co-pending 17811061 does not teach receiving the PDCCH based on the first TCI state, wherein the first TCI state is identified based on configuration information indicating which TCI state among the first TCI state and the second TCI state, indicated by the codepoint, is applied to the PDCCH reception.
FAN teaches receiving the PDCCH based on the first TCI state (FAN, see at least para. 194 of fig. 4, “...use a receive beam corresponding to the first TCI-state (which may also be referred to as the default TCI-state) to receive all downlink signals...”), wherein the first TCI state is identified based on configuration information indicating which TCI state among the first TCI state and the second TCI state, indicated by the DCI, is applied to the PDCCH reception (FAN, see at least para. 194 of fig. 4, “...the first TCI-state (which may also be referred to as the default TCI-state) to receive all downlink signals within a period of time that starts from a symbol on which the PDCCH is located and whose duration is the preset threshold and buffer the downlink signals until receiving and processing of the first PDCCH are completed...”),
and
Lo teaches indicated by the codepoint (Lo, see at least para. 52, “...The DCI includes a TCI field, and the TCI field indicates a TCI codepoint corresponding to a first TCI state and a second TCI state...”).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to incorporate FAN and Lo into co-pending 17811061 to determine a TCI-state used for data transmission and correctly receive downlink data, thereby improving data transmission efficiency (see at least para. 5), as well as to improve efficiency of resource utilization (para. 113).
Regarding claim 19, claim 15 of co-pending 17811061 also teaches wherein the first TCI state is enabled for receiving a physical downlink shared channel (PDSCH). (see claim 15 of co-pending 17811061, “...determining, based on the first or second TCI states, a first QCL assumption for receiving the first PDSCH...”)
Regarding claims 26 and 29, these claims are rejected for the same reasoning as claims 16 and 19, respectively, except each of these claims is in apparatus claim format.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 16-17, 19-22, 24-27, 29-32, and 34-35 are rejected under 35 U.S.C. 102(a) (2) as being unpatentable by FAN et al. (US 20210219336 A1, hereinafter FAN), in view of Lo et al. (US 20210051635 A1, hereinafter Lo).
Regarding claim 16,
FAN teaches a method performed by a user equipment (UE) in a wireless communication system, the method comprising (FAN, in general, see fig. 3-4 and their corresponding paragraphs):
receiving, from a base station, downlink control information (DCI) indicating a first transmission configuration indication (TCI) state and a second TCI state (FAN, see at least para. 193 of fig. 4 along with para. 196, “...S420: The network device sends a downlink signal to the terminal device, and the terminal device receives the downlink signal from the network device by using a first transmission configuration indicator state (TCI-state). In this embodiment of this application, the first TCI-state may be one TCI-state, or may be two TCI-states...”, note that para. 196 discloses TCI field value in DCI);
identifying, the first TCI state for receiving a physical downlink control channel (PDCCH) among the first TCI state and the second TCI state (FAN, see at least para. 194 of fig. 4 along with para. 321, “...to avoid missing the first PDSCH, the terminal device may use a receive beam corresponding to the first TCI-state (which may also be referred to as the default TCI-state) to receive all downlink signals within a period of time that starts from a symbol on which the PDCCH is located and whose duration is the preset threshold and buffer the downlink signals until receiving and processing of the first PDCCH are completed...”, note that para. 321 discloses “In this embodiment of this application, because data transmission is performed based on a plurality of TCI-states, the PDCCH may be transmitted by using the plurality of TCI-states...”);
and
receiving the PDCCH based on the first TCI state (FAN, see at least para. 194 of fig. 4, “...use a receive beam corresponding to the first TCI-state (which may also be referred to as the default TCI-state) to receive all downlink signals...”),
wherein the first TCI state is identified based on configuration information indicating which TCI state among the first TCI state and the second TCI state, indicated by the DCI, is applied to the PDCCH reception (FAN, see at least para. 212 along with para. 221, “...the terminal device may use the TCI-state used by the first PDCCH as one of the first TCI-states. Then, the terminal device determines, in at least one active TCI-state group used for PDSCH transmission (where each TCI-state group corresponds to one TCI field value of a TCI field in DCI), all TCI-state groups that include one of the first TCI-states...”; note that para. 221 discloses a non-limiting example such that a TCI-state used by the first PDCCH is #2).
FAN does not teach downlink control information (DCI) including a codepoint indicating a first transmission configuration indication (TCI) state and a second TCI state.
Lo teaches downlink control information (DCI) including a codepoint indicating a first transmission configuration indication (TCI) state and a second TCI state (Lo, see at least para. 52, “...The DCI includes a TCI field, and the TCI field indicates a TCI codepoint corresponding to a first TCI state and a second TCI state...”).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to incorporate Lo into FAN for providing a communication device and method for handling a reception. The communication device knows how to receive the signal from the TRPs. As a result, efficiency of resource utilization is improved (para. 113).
Regarding claim 17, FAN in view of Lo teaches claim 16.
FAN further teaches wherein the first TCI state and the second TCI state are indicated simultaneously (FAN, see at least para. 193 of fig. 4, “...S420: The network device sends a downlink signal to the terminal device, and the terminal device receives the downlink signal from the network device by using a first transmission configuration indicator state (TCI-state). In this embodiment of this application, the first TCI-state may be one TCI-state, or may be two TCI-states...”),
and wherein the second TCI state is not utilized for receiving said PDCCH (FAN, see at least para. 196 in view of para. 193, “...If each of the plurality of groups of currently active TCI-states used for PDSCH transmission includes two TCI-states, the terminal device determines that the network device sends the first PDSCH by using the two TC-states, to receive the downlink signal by using the two first TCI-states. Otherwise, the terminal device determines that the network device sends the first PDSCH by using one TCI-state, to receive the downlink signal by using one first TCI-state...”, in other words, multiple TCI states can be indicated, but one TCI states can be used).
Regarding claim 19, FAN in view of Lo teaches claim 16.
FAN further teaches wherein the first TCI state is enabled for receiving a physical downlink shared channel (PDSCH). (FAN, see at least para. 194 and/or 196, “...If each of the plurality of groups of currently active TCI-states used for PDSCH transmission includes two TCI-states, the terminal device determines that the network device sends the first PDSCH by using the two TC-states, to receive the downlink signal by using the two first TCI-states. Otherwise, the terminal device determines that the network device sends the first PDSCH by using one TCI-state, to receive the downlink signal by using one first TCI-state...”)
Regarding claim 20, FAN in view of Lo teaches claim 16.
FAN further teaches receiving, from the base station, configuration information regarding a plurality of TCI states via radio resource control (RRC) signaling (FAN, see at least para. 321, “...In this embodiment of this application, because data transmission is performed based on a plurality of TCI-states, the PDCCH may be transmitted by using the plurality of TCI-states. In this case, each CORESET may activate one or more TCI-states. The network device may send first signaling to the terminal device, to activate one or more TCI-states for one CORESET. The first signaling may include a field (which may be referred to as a quantity indication field for short) used to indicate a quantity of active TCI-states, and/or a field used to indicate whether the quantity of active TCI-states is greater than or equal to 1. The first signaling may be MAC-CE signaling, RRC signaling, or DCI signaling. This is not limited in this embodiment of this application. The first signaling may be sent by the network device to the terminal device before the network device sends the first PDCCH...”).
Regarding claim 21, this claim is rejected for the same reasoning as claim 16. To be more specific, although reciting subject matters slightly different, one skilled in the art would have known claim 21 performs reverse (or corresponding) procedures of claim 16. For example, it would be a base station of claim 21 that performs the reverse (or corresponding) receiving from and transmitting to the UE of claim 16. Hence, the examiner applies the same rejection reasoning as set forth in claim 16.
Regarding claims 22, 24, and 25, in view of claim 21 above, these claims are rejected for the same reasoning as claims 17, 19, and 20, respectively.
Regarding claims 26, 27, 29, and 30, these claims are rejected for the same reasoning as claims 16, 17, 19, and 20, respectively, except each of these claims is in apparatus claim format.
To be more specific, FAN in view of Lo also teaches a same or similar apparatus comprising processor, transceiver, and memory (FAN, see at least fig. 11-12), which are well known in the art and commonly used for providing and enabling robust and reliable data communication hardware and software.
Regarding claims 31, 32, 34, and 35, these claims are rejected for the same reasoning as claims 21, 22, 24, and 25, respectively, except each of these claims is in apparatus claim format.
To be more specific, FAN in view of Lo also teaches a same or similar apparatus comprising processor, transceiver, and memory (FAN, see at least fig. 11-12), which are well known in the art and commonly used for providing and enabling robust and reliable data communication hardware and software.
Response to Arguments
Applicant's arguments filed 08/06/2026 have been fully considered. Regarding independent claims 16, 21, 26, and 31, since applicant's amendment necessitated new ground(s) of rejection presented in this Office action, previous Office action's rejections are moot. Accordingly, corresponding dependent claims have also been rejected in this Office action.
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 YEE F LAM whose telephone number is (571)270-7577. The examiner can normally be reached M-F 8am-5pm. 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, Ayman Abaza can be reached on 571-270-0422. 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.
/YEE F LAM/Primary Examiner, Art Unit 2465
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