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 .
Response to Arguments
Applicant’s arguments, see Applicant’s response, filed 07/23/2026, with respect to claims 1-20 have been fully considered and are persuasive. The 35 U.S.C. 103 rejections of claims 1-20 has been withdrawn. However, the previously presented double-patenting rejections are maintained as the Applicant elected to defer the resolution of the double patenting rejection. The current Office Action is made FINAL as the previously presented double-patenting rejections were not resolved in the response.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed feature of “receiving, from a network entity, a message configuring the UE with a plurality of parameters comprising: a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure, a second RSRP threshold for a four-step RACH procedure, and a maximum number of attempts for the two-step RACH procedure; initiating, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to the network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and transitioning to the four-step RACH procedure before successful completion of the two- step RACH procedure after making the maximum number of attempts in the two-step RACH procedure.” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim1, 6, 21 and 23 of U.S. Patent No. 12,048,023 B2 in view of Zhao (US 2020/0404711).
Current Application
US12,048,023 B2
1. A method for wireless communications by a user equipment (UE), comprising: receiving, from a network entity, a message configuring the UE with a plurality of parameters comprising: a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure, a second RSRP threshold for a four-step RACH procedure, and a maximum number of attempts for the two-step RACH procedure: initiating, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to the network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload: and transitioning to the four-step RACH procedure before successful completion of the two- step RACH procedure after making the maximum number of attempts in the two-step RACH procedure.
1. A method for wireless communications by a user equipment (UE), comprising: receiving remaining minimum system information (RMSI) configuring the UE with one or more parameters including at least a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure and a second RSRP threshold for a four-step RACH procedure; initiating, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to a network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and transitioning to the four-step RACH procedure before successful completion of the two-step RACH procedure if a random access response (RAR) message from the network entity is of a format signaling the UE to transition to the four-step RACH procedure.
2. (New) The method of claim 1, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a preamble received target power.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
3. (New) The method of claim 1, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a power ramping step size.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
4. (New) The method of claim 1, wherein the plurality of parameters comprise a maximum number of attempts for the four-step RACH procedure.
See combination with Zhao (US 2020/0404711) as shown below.
5. (New) The method of claim 1, wherein the message comprises remaining minimum system information (RMSI).
1. A method for wireless communications by a user equipment (UE), comprising: receiving remaining minimum system information (RMSI) configuring the UE with one or more parameters including at least a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure and a second RSRP threshold for a four-step RACH procedure; initiating, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to a network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and transitioning to the four-step RACH procedure before successful completion of the two-step RACH procedure if a random access response (RAR) message from the network entity is of a format signaling the UE to transition to the four-step RACH procedure.
6. (New) The method of claim 1, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a physical RACH (PRACH) received power.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
7. (New) The method of claim 1, wherein: the UE is configured with separate RACH procedure parameters for the two-step RACH procedure and the four-step RACH procedure; and the RACH procedure parameters comprise at least a maximum number of preamble transmissions.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
8. (New) The method of claim 1, wherein: the UE is configured with separate RACH procedure parameters for the two-step RACH procedure and the four-step RACH procedure; and the RACH procedure parameters comprise at least a backoff indicator.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
9. (New) A user equipment (UE), comprising: one or more memories comprising instructions; and one or more processors configured, individually or in any combination, to execute the instructions and cause the UE to :receive, from a network entity, a message configuring the UE with a plurality of parameters comprising: a first reference signal receive power (RSRP) threshold for a two- step random access channel (RACH) procedure, a second RSRP threshold for a four-step RACH procedure, and a maximum number of attempts for the two-step RACH procedure; initiate, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to the network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and transition to the four-step RACH procedure before successful completion of the two-step RACH procedure after making the maximum number of attempts in the two-step RACH procedure.
21. An apparatus for wireless communications by a user equipment (UE), comprising: means for receiving remaining minimum system information (RMSI) configuring the UE with one or more parameters including at least a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure and a second RSRP threshold for a four-step RACH procedure; means for initiating, based on the first RSRP threshold, a two-step RACH procedure including sending a first message to a network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and means for transitioning to the four-step RACH procedure before successful completion of the two-step RACH procedure when a random access response (RAR) message from the network entity is of a format signaling the UE to transition to the four-step RACH procedure.
10. (New) The UE of claim 9, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a preamble received target power.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
11. (New) The UE of claim 9, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a power ramping step size.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
12. (New) The UE of claim 9, wherein the plurality of parameters comprise a maximum number of attempts for the four-step RACH procedure.
See combination with Zhao (US 2020/0404711) as shown below.
13. (New) The UE of claim 9, wherein the message comprises remaining minimum system information (RMSI).
21. An apparatus for wireless communications by a user equipment (UE), comprising: means for receiving remaining minimum system information (RMSI) configuring the UE with one or more parameters including at least a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure and a second RSRP threshold for a four-step RACH procedure; means for initiating, based on the first RSRP threshold, a two-step RACH procedure including sending a first message to a network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and means for transitioning to the four-step RACH procedure before successful completion of the two-step RACH procedure when a random access response (RAR) message from the network entity is of a format signaling the UE to transition to the four-step RACH procedure.
14. (New) The UE of claim 9, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a physical RACH (PRACH) received power.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
15. (New) The UE of claim 9, wherein: the UE is configured with separate RACH procedure parameters for the two-step RACH procedure and the four-step RACH procedure; and the RACH procedure parameters comprise at least a maximum number of preamble transmissions.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
16. (New) The UE of claim 9, wherein: the UE is configured with separate RACH procedure parameters for the two-step RACH procedure and the four-step RACH procedure; and the RACH procedure parameters comprise at least a backoff indicator.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
17. (New) A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a user equipment (UE), cause the UE to perform a method of wireless communications, comprising: receiving, from a network entity, a message configuring the UE with a plurality of parameters comprising: a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure, a second RSRP threshold for a four-step RACH procedure, and a maximum number of attempts for the two-step RACH procedure; initiating, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to the network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and transitioning to the four-step RACH procedure before successful completion of the two- step RACH procedure after making the maximum number of attempts in the two-step RACH procedure.
23. A non-transitory computer readable medium for wireless communication, comprising: instructions that, when executed by at least one processor, cause the at least one processor to: receive remaining minimum system information (RMSI) configuring a UE with one or more parameters including at least a first reference signal receive power (RSRP) threshold for a two-step random access channel (RACH) procedure and a second RSRP threshold for a four-step RACH procedure; initiate, based on the first RSRP threshold, the two-step RACH procedure including sending a first message to a network entity, the first message comprising at least a preamble portion, including a RACH preamble, and a payload portion, including a payload; and transition to the four-step RACH procedure before successful completion of the two-step RACH procedure when a random access response (RAR) message from the network entity is of a format signaling the UE to transition to the four-step RACH procedure.
18. (New) The non-transitory computer-readable medium of claim 17, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a preamble received target power.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
19. (New) The non-transitory computer-readable medium of claim 17, wherein: the UE is configured with separate power control parameters for the two-step RACH procedure and the four-step RACH procedure; and the power control parameters comprise at least a power ramping step size.
6. The method of claim 1, wherein: the UE is configured with separate transmit power control parameters for the two-step and four-step RACH procedures; and the power control parameters comprise at least a preamble received target power and a power ramping step size.
20. (New) The non-transitory computer-readable medium of claim 17, wherein the plurality of parameters comprise a maximum number of attempts for the four-step RACH procedure.
See combination with Zhao (US 2020/0404711) as shown below.
As shown above, claims 1-3, 5-6, 9-11, 13-14 and 17-19 of the current Application are nearly identical to claims 1, 6, 21 and 23 of US12,048,023 B2. The main difference between these claims is that the claims of US12,048,023 B2 do not recite, with regards to claims 1, 12 and 17, that the UE also receives “a maximum number of attempts for the two-step RACH procedure” and transitions to the four-step RACH procedure occurs “after making the maximum number of attempts in the two-step RACH procedure”. US12,048,023 B2 also fails to disclose, with regards to claims 4,12 and 20, “wherein the plurality of parameters comprise a maximum number of attempts for the four-step RACH procedure”.
However, Zhao (US 2020/0404711) discloses, with regards to the above missing features of claims 1, 4, 12, 17 and 20, that “if a maximum number of total transmissions of the Random Access Preamble of the two-step contention-based random access configured by the network side device for the terminal side device is reached, a four-step contention-based random access is performed until the four-step contention-based random access succeeds, or if a maximum number of total transmissions of the Random Access Preamble of the four-step contention-based random access configured by the network side device for the terminal side device is reached” in paragraph [0021].
US12,048,023 B2 also partially discloses the features of claims 7-8 and 15-16 of the current application as shown in the table above. However, US12,048,023 B2 does not disclose the following features: regarding claims 7 and 15, the RACH procedure parameters comprise at least a maximum number of preamble transmissions; regarding claims 8 and 16, the RACH procedure parameters comprise at least a backoff indicator.
Regarding claims 7 and 15 of the current application, Zhao also discloses that the RACH procedure parameters comprise at least a maximum number of preamble transmissions (see “(2) if a maximum number of total transmissions of the Random Access Preamble configured by the network side device for the terminal side device is reached, then the contention-based random access is determined to be failed” recited in paragraph [0014]).
Regarding claims 8 and 16, Zhao also discloses the RACH procedure parameters comprise at least a backoff indicator (see “Optionally, in case of each failure of the contention-based random access, the terminal side device backs off for a random period of time according to backoff parameters configured by the network side device and then attempts the two-step contention-based random access or a four-step contention-based random access again” recited in paragraph [0025]).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the current application to modify the system of US12,048,023 B2 using features, as taught by Zhao, in order to determine a handling procedure for a failure of content-based random access (see paragraph [0003]-[0004] of Zhao).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUTAI KAO whose telephone number is (571)272-9719. The examiner can normally be reached Monday-Friday 8:00-17:00 EST.
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/JUTAI KAO/ Primary Examiner, Art Unit 2473
