DETAILED ACTION
Claims 1-20 are pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Oath/Declaration
The applicant’s oath/declaration has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Priority
This application is a continuation case of 17/458189 filed on 08/26/2021, which became U.S Patent number 12,047,332; which 17/458189 is a continuation case of 16/361590 filed on 03/22/2019, which became U.S Patent number 11,133,911; which 16/361590 is a continuation case of 15/178,892 filed on 06/10/2016 became U.S. Patent number 10,277,379, which 15/178,892 is a continuation case of 14/353203 filed on 04/21/2014 became U.S. Patent number 9,397,807, which 14/353203 is a 371 of PCT/SE2014/050367 filed on 03/27/2014, which claims provision application #61/808644 filed on 04/05/2013.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submissions of the Information Disclosure Statements dated 06/26/2024 and 07/19/2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609 C(2), a copy of the PTOL-1449 initialed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 9 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 line 2 recites “it” is vague and indefinite because is unclear what is “it” refers to.
Claim 9 line 3 recites “operable” for performing a functionality which constitute intended use, never actually takes place, therefore renders any recitation claimed after not be given patentable weight. The claim should be amended to recite more direct and positive language such as “to”, “that”, or “which”. Similar issue exists in claim 9 line 6; claim 17 line 4 and claim 17 line 6.
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 claims at issue 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 reference 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting over claims patent claims 1, 10 and 19-20 of Patent No. 12,047,332; claims 1, 10 and 19-20 of Patent No. 11,133,911; claims 1, 9, 19 and 27 of Patent No.10,277,379 and claims 1, 13, 24 and 35 of U.S. Patent No. 9,397,807. Although the claims at issue are not identical, they are not patentably distinct from each other because The subject matter claimed in the instant application is disclosed in the referenced Patent application and would be covered by any patent granted on that patent application since the referenced patent application and the instant application are claiming common subject matter, as follows:
Instant Application US Application #: 18/754265 (265’)
Instant Application US Application #: 17/458189 (189’)
US Patent #: 11,133,911 (911’)
1. A method in a User Equipment, UE, for adapting a measurement procedure, the method comprising:
1. A method in a User Equipment, UE, for adapting a measurement procedure, the method comprising:
1. A method in a User Equipment, UE, for adapting a measurement procedure, the method comprising:
obtaining information about signal configurations that indicates whether or not a Downlink Reference Signal (DL RS) transmitted in non-serving neighbor cells on a first carrier frequency of a first carrier uses a first signal configuration or a second signal configuration,
wherein the first signal configuration is different than the second signal configuration;
obtaining information about signal configurations that indicates whether or not a Downlink Reference Signal (DL RS) transmitted in non-serving neighbor cells on a first carrier frequency of a first carrier uses a first signal configuration or a second signal configuration,
wherein the first signal configuration comprises the DL RS not being transmitted in every subframe of a cell and the second signal configuration comprises the DL RS being transmitted in every subframe of a cell;
obtaining information about signal configurations that indicates whether or not a Downlink Reference Signal (DL RS) transmitted in non-serving neighbor cells on a first carrier frequency of a first carrier uses a first signal configuration or a second signal configuration,
wherein the first signal configuration comprises the DL RS not being transmitted in every subframe of a cell and the second signal configuration comprises the DL RS being transmitted in every subframe of a cell;
Claim 3, wherein obtaining information about signal configurations is performed by autonomously determining whether a signal configuration of cells on the same carrier is the first or the second signal configuration, based on radio measurements.
receiving a DL RS in a serving cell of the UE on the first carrier frequency; and
adapting the measurement procedure based on the obtained information.
receiving a DL RS in a serving cell of the UE on the first carrier frequency that uses the second signal configuration; and
adapting the measurement procedure based on the obtained information.
receiving a DL RS in a serving cell of the UE on the first carrier frequency that uses the second signal configuration; and
adapting the measurement procedure based on the obtained information by adapting a measurement sampling or an instance when the UE shall obtain samples for one or more types of radio measurements.
Although the conflict claims are not identical, they are not patentably distinct from each other because 265’ discloses the method in a User Equipment, UE, for adapting a measurement procedure, comprising:
wherein the first signal configuration is different than the second signal configuration; and receiving a DL RS in a serving cell of the UE on the first carrier frequency.
Although 265’ does not discloses the phrase “wherein the first signal configuration comprises the DL RS not being transmitted in every subframe of a cell and the second signal configuration comprises the DL RS being transmitted in every subframe of a cell” in the instant application. However, it would have been obvious to one or ordinary skill in the art to wherein the first signal configuration is different than the second signal configuration and receiving a DL RS in a serving cell of the UE on the first carrier frequency that uses the second signal configuration same as the instant application. Therefore, they are not patentably distinct from each other.
Regarding claims 10 and 19-20 are rejected for the same reasons as claim 1 described above corresponding to claims 10 of Patent No. 12,047,332; claim 10 and 19-20 of Patent No. 11,133,911 and claims 9, 19 and 27 of Patent No.10,277,379 and claims 13, 24 and 35 of U.S. Patent No. 9,397,807. Since the dependent claims 2-9 and 11-18 depends on corresponding independent claims 1 and 10, they are also rejected for the same reason.
Examiner suggests applicant to file electronic terminal disclaimers over US Patent No. 12,047,332; US Patent No. 11,133,911; U.S Patent No.10,277,379 and U.S. Patent No. 9,397,807 in order to overcome double patenting issue.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al (US 2015/0029886 A1) in view of Geirhofer et al. (US 2013/0182799A1).
Regarding claim 1, Seo teaches a method in a User Equipment, UE, for adapting a measurement procedure, the method comprising:
obtaining information about signal configurations that indicates whether or not a Downlink Reference Signal (DL RS) transmitted in non-serving neighbor cells of a first carrier uses a first signal configuration or a second configuration (The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT) see Seo: ¶[0077]); wherein the first signal configuration is different than the second signal configuration (NCT different from LCT see Seo: ¶[0077]);
adapting the measurement procedure based on the obtained information (Fig. 12, shows transmitting subframes according to LCT and NCT scheme, showing CRS in every subframe in LCT and not every subframe in NCT; CRS is used for channel measurement and downlink signal demodulation; which reference signal may be determined by which RE is transmitted) see Seo: Fig.12; ¶[0078-0079]).
Seo does not explicitly teaches receiving a DL RS in a serving cell of the UE on the first carrier frequency.
However, Geirhofer teaches the receiving a DL RS in a serving cell of the UE on the first carrier frequency (UE receiving CSI-RS (corresponding to DL RS) transmitted in from serving cell (Point A) see Geirhofer: Figs. 7-8; [0084]) in order to improve performance on downlink transmission (see Geirhofer: ¶[0007]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of the modified Seo to include (or to use, etc.) the receiving a DL RS in a serving cell of the UE on the first carrier frequency as taught by Geirhofer in order to improve performance on downlink transmission (see Geirhofer: ¶[0007]).
Regarding claim 2, the modified Seo taught the method according to claim 1 as described hereinabove. Seo further teaches wherein obtaining information about signal configurations further comprises: obtaining information indicating whether or not cells on a second carrier frequency of a second carrier operate using the same one of the first signal configuration and the second signal configuration; and wherein the second carrier frequency is a non-serving carrier frequency for the UE (CRS in NCT having the same configuration of CRS of the LCT and where CRS is cell cell-specific/common reference signal “the CRS actually transmitted in the NCT may be RS having the same configuration as that of the CRS of the LCT, RS having a similar configuration to that of the CRS of the LCT, or RS newly defined for the NCT” see Seo: ¶[0077]).
Regarding claim 3, the modified Seo taught the method according to claim 1 as described hereinabove. Seo further teaches wherein obtaining information about signal configurations is performed by autonomously determining whether a signal configuration of cells on the same carrier is the first or the second signal configuration, based on radio measurements (The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT) see Seo: ¶[0077]; ¶[0082]).
Regarding claim 4, the modified Seo taught the method according to claim 1 as described hereinabove. Seo further teaches wherein obtaining information about signal configurations is based on one or more pre-defined rules out of: determining that all cells on the first or the second carrier operate using the first signal configuration in response to the information about signal configurations not being signaled to the UE for that carrier; determining that all neighbor cells on the first or the second carrier operate using the same signal configuration out of the first and the second signal configuration as that used in a cell serving the UE in response to the information about signal configurations not being signaled to the UE for that carrier; determining that cells on one or more second carriers use the same signal configuration out of the first and the second signal configuration, as that of a reference carrier in response to the information about signal configurations not being signaled to the UE for one or more second carriers but is signaled to the UE for the reference carrier (As mentioned above, In LTE NCT, arrangements of reference signals are different than the 3GPP Release 8 LTE carriers, LCT. In case of LCT, CRS also known as RS are transmitted by a network node in the DL in every DL subframe and over entire DL cell BW. However in case of cells on NCT the CRS are not transmitted in every DL subframe and may also be sent over limited cell BW see Seo: Fig.12).
Regarding claim 5, the modified Seo taught the method according to claim 4 as described hereinabove. Seo further teaches wherein the reference carrier is a carrier whose at least one cell uses the first signal configuration (The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT) see Seo: ¶[0077]).
Regarding claim 6, the modified Seo taught the method according to claim 2 as described hereinabove. Seo further teaches wherein obtaining information about signal configurations is performed by receiving it from a node, which node comprises another UE or a network node serving the UE; and wherein the received information comprises an indication of one or more of: whether all cells on the same carrier use the same or different signal configuration (NCT cell and neighboring cell use on a first carrier frequency of a first carrier use NCT or LCT “The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT)” see Seo: ¶[0077]); whether serving and neighboring cells on the same carrier use the same or different signal configuration; whether the reference cell whose signal configuration is known to the UE and neighboring cells on the same carrier use the same or different signal configuration, wherein the reference cell and neighbor cells are used by the UE for at least positioning measurement; whether cells on the first and the second carrier use the same or different signal configuration, where the first and the second carrier are both serving carriers, which are serving the UE; and whether cells on the first and the second carrier use the same or different signal configuration, where the first and the second carrier are a serving carrier of the UE and a non-serving carrier of the UE respectively.
Regarding claim 7, the modified Seo taught the method according to claim 1 as described hereinabove. Seo further teaches wherein the measurement comprises intra- frequency measurements, inter-frequency measurements, and inter-Radio Access Technology (RAT) measurements (neighboring cell detection/measurement operation “the user equipment of the neighboring cell may simply detect/measure the NCT cell during inter-cell interference mitigation operation or neighboring cell detection/measurement operation” see Seo: ¶[0082]).
Regarding claim 8, the modified Seo taught the method according to claim 1 as described hereinabove. Seo further comprising: sending a message to a network node, the message comprises information about the capability of the UE and information indicating that the UE is capable of performing radio measurements on a carrier which comprises a mixture of cells operating using the first and the second signal configuration (notify the neighboring cell that it is operated in accordance with the NCT “The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT)” see Seo: ¶[0077]; ¶0082]).
Regarding claim 9, the modified Seo taught the method according to claim 8 as described hereinabove. Seo further teaches wherein the information about the capability of the UE further comprises additional information comprising one or more of: whether the UE is capable of autonomously determining RS configuration of cells on a carrier which comprises a mixture of cells operating using the first and the second signal configurations; and whether the UE is capable of performing radio measurements in cells on a specific carrier which comprises a mixture of cells operating using the first and the second signal configuration (notify the neighboring cell that it is operated in accordance with the NCT “The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT)” see Seo: ¶[0077]; ¶0082]), which specific carrier is any one or more out of a serving carrier, an inter-frequency carrier and an inter-Radio Access Technology (RAT) carrier (neighboring cell detection/measurement operation “the user equipment of the neighboring cell may simply detect/measure the NCT cell during inter-cell interference mitigation operation or neighboring cell detection/measurement operation” see Seo: ¶[0082]).
Regarding claim 10, Seo teaches a method in a network node that serves a User Equipment, UE, and assists the UE in adapting a measurement procedure, the method comprising:
sending information about signal configurations to the UE that indicate whether or not a Downlink Reference Signal (DL RS) transmitted in non-serving neighbor cells on the first carrier frequency of a first carrier uses a first signal configuration or a second signal configuration (The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT) see Seo: ¶[0077]), wherein the first signal configuration is different than the second signal configuration (NCT different from LCT see Seo: ¶[0077]); and
transmitting a DL RS to the UE on the first carrier frequency in a serving cell of the UE using the second signal configuration (Fig. 12, shows transmitting subframes according to LCT and NCT scheme, showing CRS in every subframe in LCT and not every subframe in NCT; CRS is used for channel measurement and downlink signal demodulation; which reference signal may be determined by which RE is transmitted) see Seo: Fig.12; ¶[0078-0079]).
Seo does not explicitly teaches transmitting a DL RS in a serving cell of the UE on the first carrier frequency in a serving cell of the UE.
However, Geirhofer teaches the transmitting a DL RS in a serving cell of the UE on the first carrier frequency in a serving cell of the UE (UE receiving CSI-RS (corresponding to DL RS) transmitted in from serving cell (Point A) see Geirhofer: Figs. 7-8; [0084]) in order to improve performance on downlink transmission (see Geirhofer: ¶[0007]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of the modified Seo to include (or to use, etc.) the transmitting a DL RS in a serving cell of the UE on the first carrier frequency in a serving cell of the UE as taught by Geirhofer in order to improve performance on downlink transmission (see Geirhofer: ¶[0007]).
Regarding claim 11, claim 11 is rejected for the same reason as claim 6 as set forth hereinabove.
Regarding claim 12, the modified Seo taught the method according to claim 10 as described above. Seo further comprising: obtaining information that indicates whether the DL RS transmitted on the first carrier frequency in the serving cell of the UE and in at least one neighbor cell of the UE, use the first signal configuration or use the second signal configuration, or do not use the same signal configuration; and wherein sending the information about signal configurations to the UE comprises sending the obtained information to the UE (The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT) see Seo: ¶[0077]).
Regarding claim 13, the modified Seo taught the method according to claim 12 as described above. Seo further teaches wherein the obtained information from another node, from the UE, or from another UE and further comprises one or more of: a DL RS bandwidth of a cell operating using first signal configuration; a carrier frequency of the first or the second carrier on which a cell operates; a cell type and/or power class of a network node serving the cell on the first or the second carrier; a location of a cell; an indication whether all cells on the same carrier frequency operate using the first or the second signal configuration or some operate using the first signal configuration and remaining ones using the second signal configuration (NCT cell and neighboring cell use on a first carrier frequency of a first carrier use NCT or LCT “The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT)” see Seo: ¶[0077]).
Regarding claim 14, the modified Seo taught the method according to claim 12 as described above. Seo further teaches wherein the obtained information comprises information for several neighboring cells of the network node (eNB cell 20 corresponding to neighboring cells see Seo: Fig.1).
Regarding claim 15, the modified Seo taught the method according to claim 12 as described above. Seo further comprising: generating an indicator based on the obtained information, and wherein the information about signal configurations sent to the UE is indicated by the indicator (NCT cell inform which RB and CRS use first or a second signal configuration “The NCT cell may inform the neighboring cell (or base station) / terminal of which RB and CRS are transmitted in which subframe) on a first carrier frequency (i.e. single frequency domain) of a first carrier uses a first signal configuration (NCT) or a second signal configuration (LCT)” see Seo: ¶[0077]; ¶[0082]).
Regarding claim 16, claim 16 is rejected for the same reason as claim 8 as set forth hereinabove.
Regarding claim 17, claim 17 is rejected for the same reason as claim 9 as set forth hereinabove.
Regarding claim 18, the modified Seo taught the method according to claim 16 as described above. Seo further comprising: performing one or more radio operational tasks using the information about the capability of the UE (CRS transmission on the NCT based on received CRS transmission information “In this case, a serving cell (or base station) may receive CRS transmission information on the NCT from the neighboring cell (or base station), and may notify its user equipment of a resource from which the CRS is transmitted in the corresponding NCT, on the basis of the received CRS transmission information” see Seo: ¶[0081]).
Regarding claim 19, claim 19 is rejected for the same reason as claim 1 as set forth hereinabove. Regarding claim 19, claim 19 recites a user equipment (UE) that perform the same functionalities of method of claim 1 as described hereinabove.
Regarding claim 20, claim 20 is rejected for the same reason as claim 10 as set forth hereinabove. Regarding claim 20, claim 20 recites a network node that perform the same functionalities of method of claim 10 as described hereinabove.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUANG W LI whose telephone number is (571)270-1897. The examiner can normally be reached on Monday - Thursday 7AM-5PMET.
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GUANG W. LI
Primary Examiner
Art Unit 2478
June 8, 2026
/GUANG W LI/Primary Examiner, Art Unit 2478
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