CTNF 18/749,374 CTNF 89156 DETAILED ACTION Claims status In response to the application filed on 06/20/2024, claims 1-20 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Notice of Pre-AIA or AIA Status 07-06 AIA 15-10-15 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. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the invention of the US Patent US12041667B2. Although the conflicting claims are not identical, they are not patentably distinct from each other. This is an obviousness-type double patenting rejection because the conflicting claims have not in fact been patented. Regarding pending claims 1 and 11; the claims 1 and 2 recite limitations substantially the same as in the US Patent US12041667B2. These limitations are fully covered by the claims of the US Patent US12041667B2. The compared table below (i.e. underlined claim elements) shows only Example (sample) of how each of these claims are anticipated and mapped by claims such as claims, respectively of the US Patent US12041667B2 . Instant Application: 18749374 US Patent US12041667B2 1 . An apparatus method of wireless communication at a network entity, comprising: determining a plurality of root sets, wherein: determining the plurality of root sets comprises determining a respective root set for each beam of a plurality of beams based on one or more respective parameters associated with the beam; and each root set of the plurality of root sets comprise at least a first root and a second root; transmitting signaling that indicates the plurality of root sets; and receiving, from a user equipment (UE), a physical random access channel (PRACH) that comprises a preamble sequence, the preamble sequence based at least in part on a first root set of the plurality of root sets. 11. A network entity, comprising: one or more processors individually or collectively configured to execute instructions stored on one or more memories and to cause the network entity to: determine a plurality of root sets, wherein: in order to determine the plurality of root sets, the one or more processors are configured to cause the network entity to determine a respective root set for each beam of a plurality of beams based on one or more respective parameters associated with the beam; and each root set of the plurality of root sets comprise at least a first root and a second root; transmit signaling that indicates the plurality of root sets; and receive, from a user equipment (UE), a physical random access channel (PRACH) that comprises a preamble sequence, the preamble sequence based at least in part on a first root set of the plurality of root sets. 1. A method of wireless communication at a network entity, comprising: determining a plurality of root sets, wherein each root set of the plurality of root sets comprises at least a first root Zadoff-Chu (ZC) sequence generated from a first root and a second root ZC sequence generated from a second root; t ransmitting signaling that indicates the plurality of root sets; and receiving, from a user equipment (UE), a physical random access channel (PRACH) message that comprises a multi-root preamble sequence including the first root ZC sequence of a first root set of the plurality of root sets, the second root ZC sequence of the first root set, and a third root ZC sequence of the first root set, wherein the multi-root preamble sequence based at least in part on the first root ZC sequence of the first root set, the second root ZC sequence of the first root set, and the third root ZC sequence is received over a same time period and frequency range. 2. The method of claim 1, wherein: determining a plurality of root sets further comprises determining root sets for each beam of a plurality of beams based on one or more parameters associated with each beam; and transmitting signaling that indicates the plurality of root sets to the UE further comprises transmitting one or more root sets over each beam of the plurality of beams . 10. A network entity, comprising: one or more processors individually or collectively configured to execute instructions stored on one or more memories and to cause the network entity to: determine a plurality of root sets, wherein each root set of the plurality of root sets comprises at least a first root Zadoff-Chu (ZC) sequence generated from a first root and a second root ZC sequence generated from a second root; transmit signaling that indicates the plurality of root sets; and receive, from a user equipment (UE), a physical random access channel (PRACH) message that comprises a multi-root preamble sequence including the first root ZC sequence of a first root set of the plurality of root sets, the second root ZC sequence of the first root set, and a third root ZC sequence of the first root set, wherein the one or more processors are configured to cause the network entity to receive the multi-root preamble sequence over a same time period and frequency range based at least in part on the first root ZC sequence of the first root set, the second root ZC sequence of the first root set, and the third root ZC sequence. 11. The network entity of claim 10, wherein: in order to determine the plurality of root sets, the one or more processors are further configured to cause the network entity to determine root sets for each beam of a plurality of beams based on one or more parameters associated with each beam ; and Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-21-aia AIA Claim s 1-3 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong et al. (US 2020/0351853 A1) in view of ISLAM et al. (US 2018/0138962 A1 as published on May 17, 2018) . Regarding claim 1; Xiong discloses a method of wireless communication at a network entity, comprising: determining a plurality of root sets (See Figs. 2 and 5: ( See Figs. 2 and 5: generating first configuration information for a random access (i.e., first root), the first configuration information including a first root sequence index and a second configuration information for a beam failure recovery (i.e., second root); Xiong’s claim 21 and ¶. [0277] and ¶ [0278]) , wherein: determining a plurality of root sets comprises determining a respective root set for each beam of a plurality of beams ( See Figs. 2 and 5: a root set including first configuration information for a random access (i.e., first root) and a second configuration information for a beam failure recovery (i.e., second root); Xiong’s claim 21 and ¶. [0277] and ¶ [0278]) based on a respective index associated with beam failure recovery ( See FIG. 2. 1. The root sequence index indicate a basic root sequence used for generating UE-dedicated preamble resources; the root sequence index may be a physical root sequence index, or a logic root sequence index. The root sequence index for the beam failure recovery request may be: a) obtained by the UE according to the root sequence index in the random access preamble configuration, for example: b). the root sequence index of the beam failure recovery request preset by a network may be equal to the root sequence index of the random access preamble…¶. [0298-0300]). each root set of the plurality of root sets comprise at least a first root ( See Figs. 2 and 5: the base station for generating first configuration information for a random access (i.e., first root cause), the first configuration information including a first root sequence index and a first cyclic shift value; Xiong’s claim 21 and ¶. [0277] ) and a second root ( See Figs. 2 and 5: generating second configuration information for a beam failure recovery (i.e., second root cause), the second configuration information including at least one of a second root sequence index and a second cyclic shift value. ¶. [0278], and Xiong’s claim 21 ); transmitting signaling that indicates the plurality of root sets ( See Fig. 2 and Xiong’s Claim 21: transmitting, to the UE, the first configuration information and the second configuration information. ¶. [0290] ); and receiving, from a user equipment (UE), a Physical Random Access Channel (PRACH) message ( See Fig. 2: transmitting, by a terminal, a preamble: on a random access channel (i.e., PRACH); ¶. [0214] and ¶. [0290] ), that comprises a multi-root preamble sequence, the multi-root preamble sequence based on the first root of the plurality of root sets ( See Fig. 2: The received preamble (i.e., the multi-root preamble sequence) is generated based on a first root sequence index (i.e., first root sequence), and a second root sequence index (i.e., second root sequence). The first root sequence index + The second root sequence index = “a root set” wherein generating a preamble to transmit to the network entity. See claims 21, 31 and 32, and ¶. [0277]-¶. [0278]). Even though, Xiong teaches the method of determining root sequence indices, cyclic shift value and preamble index, Xiong doesn’t explicitly provide the method wherein according to one or more parameters associated with the beam. However, Islam discloses the method wherein according to one or more parameters associated with the beam ( See Figs. 4s: determining a first set of parameters associated with a first RACH procedure, the first set of parameters being associated with beam failure recovery (i.e., for a respective beam) for a first UE in a cell. The apparatus may send the first set of parameters to the first UE. In an aspect, the first set of parameters indicates at least one of Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the method wherein according to one or more parameters associated with the beam as taught by Islam to have incorporated in the system of Xiong , so that it would provide that the UE may detect a beam failure (e.g., radio link failure through a serving beam). The UE may identify a new beam index for a new serving beam. The UE may select the first set of RACH parameters for the beam failure recovery procedure. Islam: ¶. [0275]. Regarding claim 2; Xiong teaches the method wherein the one or more respective parameters include at least one of: another beamforming characteristic of the beam (Xiong: for the UE 402 to sweep through a number of beamforming directions (i.e., beamforming characteristic) in an attempt to detect a synchronization/discovery signal. ¶ [0073] ). Regarding claim 3: Xiong teaches the method wherein transmitting the signaling that indicates the plurality of root sets comprises transmitting, over each beam of the plurality of beams, a corresponding respective root set of the plurality of root sets ( See Fig. 17: , the UE may receive, from a base station, information indicating one or more cyclic shift values and at least one root sequence, each cyclic shift value being associated with a beam index of a set of beams transmitted by the base station. The information indicating the at least one root sequence may be a starting root sequence index from which the UE may generate or derive the root sequence. In one aspect, the information indicating the one or more cyclic shift values and the at least one root sequence is received through one or more of a PBCH, RMSI, OSI, a RRC message. ¶ [0025] ). Regarding claim 11; Xiong teaches a network entity, comprising: one or more processors individually or collectively configured to execute instructions stored on one or more memories and to cause the network entity to: determine a plurality of root sets (See Figs. 2 and 5: ( See Figs. 2 and 5: generating first configuration information for a random access (i.e., first root), the first configuration information including a first root sequence index and a second configuration information for a beam failure recovery (i.e., second root); Xiong’s claim 21 and ¶. [0277] and ¶ [0278]) , wherein: determine a plurality of root sets comprises determining a respective root set for each beam of a plurality of beams ( See Figs. 2 and 5: a root set including first configuration information for a random access (i.e., first root) and a second configuration information for a beam failure recovery (i.e., second root); Xiong’s claim 21 and ¶. [0277] and ¶ [0278]) based on a respective index associated with beam failure recovery ( See FIG. 2. 1. The root sequence index indicate a basic root sequence used for generating UE-dedicated preamble resources; the root sequence index may be a physical root sequence index, or a logic root sequence index. The root sequence index for the beam failure recovery request may be: a) obtained by the UE according to the root sequence index in the random access preamble configuration, for example: b). the root sequence index of the beam failure recovery request preset by a network may be equal to the root sequence index of the random access preamble…¶. [0298-0300]). each root set of the plurality of root sets comprise at least a first root ( See Figs. 2 and 5: the base station for generating first configuration information for a random access (i.e., first root cause), the first configuration information including a first root sequence index and a first cyclic shift value; Xiong’s claim 21 and ¶. [0277] ) and a second root ( See Figs. 2 and 5: generating second configuration information for a beam failure recovery (i.e., second root cause), the second configuration information including at least one of a second root sequence index and a second cyclic shift value. ¶. [0278], and Xiong’s claim 21 ); transmit signaling that indicates the plurality of root sets ( See Fig. 2 and Xiong’s Claim 21: transmitting, to the UE, the first configuration information and the second configuration information. ¶. [0290] ); and receive, from a user equipment (UE), a Physical Random Access Channel (PRACH) message ( See Fig. 2: transmitting, by a terminal, a preamble: on a random access channel (i.e., PRACH); ¶. [0214] and ¶. [0290] ), that comprises a multi-root preamble sequence, the multi-root preamble sequence based on the first root of the plurality of root sets ( See Fig. 2: The received preamble (i.e., the multi-root preamble sequence) is generated based on a first root sequence index (i.e., first root sequence), and a second root sequence index (i.e., second root sequence). The first root sequence index + The second root sequence index = “a root set” wherein generating a preamble to transmit to the network entity. See claims 21, 31 and 32, and ¶. [0277]-¶. [0278]). Even though, Xiong teaches the method of determining root sequence indices, cyclic shift value and preamble index, Xiong doesn’t explicitly provide the method wherein according to one or more parameters associated with the beam. However, Islam discloses the method wherein according to one or more parameters associated with the beam ( See Figs. 4s: determining a first set of parameters associated with a first RACH procedure, the first set of parameters being associated with beam failure recovery (i.e., for a respective beam) for a first UE in a cell. The apparatus may send the first set of parameters to the first UE. In an aspect, the first set of parameters indicates at least one of Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the method wherein according to one or more parameters associated with the beam as taught by Islam to have incorporated in the system of Xiong , so that it would provide that the UE may detect a beam failure (e.g., radio link failure through a serving beam). The UE may identify a new beam index for a new serving beam. The UE may select the first set of RACH parameters for the beam failure recovery procedure. Islam: ¶. [0275]. Regarding claim 12; Xiong teaches the network entity wherein the one or more respective parameters include at least one of: another beamforming characteristic of the beam (Xiong: for the UE 402 to sweep through a number of beamforming directions (i.e., beamforming characteristic) in an attempt to detect a synchronization/discovery signal. ¶ [0073] ). Regarding claim 13: Xiong teaches the network entity wherein transmitting the signaling that indicates the plurality of root sets comprises transmitting, over each beam of the plurality of beams, a corresponding respective root set of the plurality of root sets ( See Fig. 17: , the UE may receive, from a base station, information indicating one or more cyclic shift values and at least one root sequence, each cyclic shift value being associated with a beam index of a set of beams transmitted by the base station. The information indicating the at least one root sequence may be a starting root sequence index from which the UE may generate or derive the root sequence. In one aspect, the information indicating the one or more cyclic shift values and the at least one root sequence is received through one or more of a PBCH, RMSI, OSI, a RRC message. ¶ [0025] ) . 07-21-aia AIA Claim s 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong et al. (US 2020/0351853 A1) in view of ISLAM et al. (US 2018/0138962 A1 as published on May 17, 2018) , and further in view of REN et al. (US 2020/0120712 A1) . Regarding claims 4 and 14: Xiong teaches the method wherein: each root set of the plurality of root sets correspond to one of a plurality of preamble sequences; the preamble sequence comprises aspects corresponding to the first root of the first root set and the second root of the first root set (Xiong- generating a preamble for the beam failure recovery based on the first configuration information and at least one of the second root sequence index and the second cyclic shift value included in the second configuration information; and transmitting the preamble for the beam failure recovery. Xiong’s claim 21 and ¶. [0277] and ¶ [0278]) ; and the aspects corresponding to the first root of the first root set and the second root of the first root set are received over a period and frequency range (Xiong- selecting, by the terminal, a channel time-frequency resource and/or a preamble according to association between a downlink transmit beam and the channel time-frequency resource and/or the preamble, the time-frequency resource configuration information and the preamble allocation information. ¶ [0190] ). Xiong nor Islam explicitly discloses using in same time period and frequency range. Ren teaches using in same time period and frequency range (Ren- two UEs in a system transmit 2-stage preamble sequences over the same time-frequency resource. The UE 1 selects a 2-stage preamble sequence (a, b), where a and b are preamble sub-sequences in the first stage (stage-one) and in the second stage (stage-two). ¶ [0047] ). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide that using in same time period and frequency range as taught by Ren to have incorporated in the system of Xiong , so that it would provide that if a plurality of UEs transmits over the same time-frequency resource, then an M-stage on an NR PRACH preamble sequence may not be detected accurately, and the reliability of the preamble sequence solution can be guaranteed in effect. Ren-¶ [0039] . Allowable Subject Matter 07-43 Claims 5-10 and 15-20 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Islam et al. (US 20180368126 to discuss the method of Transmitting Beam Failure Recovery request). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAI AUNG/Primary Examiner, Art Unit 2416 Application/Control Number: 18/749,374 Page 2 Art Unit: 2416 Application/Control Number: 18/749,374 Page 3 Art Unit: 2416 Application/Control Number: 18/749,374 Page 4 Art Unit: 2416 Application/Control Number: 18/749,374 Page 5 Art Unit: 2416 Application/Control Number: 18/749,374 Page 6 Art Unit: 2416 Application/Control Number: 18/749,374 Page 7 Art Unit: 2416 Application/Control Number: 18/749,374 Page 8 Art Unit: 2416 Application/Control Number: 18/749,374 Page 9 Art Unit: 2416 Application/Control Number: 18/749,374 Page 10 Art Unit: 2416 Application/Control Number: 18/749,374 Page 11 Art Unit: 2416 Application/Control Number: 18/749,374 Page 12 Art Unit: 2416 Application/Control Number: 18/749,374 Page 13 Art Unit: 2416 Application/Control Number: 18/749,374 Page 14 Art Unit: 2416 Application/Control Number: 18/749,374 Page 15 Art Unit: 2416 Application/Control Number: 18/749,374 Page 16 Art Unit: 2416 Application/Control Number: 18/749,374 Page 17 Art Unit: 2416
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