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 .
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.
Claims 1, 4, 5, 7-10 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tooher et al (US 2024/0349215, hereinafter Tooher, claiming priority of both provisional applications) and in view of Zou et al (US 2025/0240747, hereinafter Zou, claiming priority date of both provisional applications).
Regarding claim 1, Tooher discloses a communication method, comprising: receiving, by a terminal device, a configuration message, wherein the configuration message is used to determine a delay compensation manner of the terminal device (WTRU receives configuration information, WTRU is configured with propagation delay procedure, identifying a RS and indicating PDC type, Para [0090]); and determining, by the terminal device, a target delay compensation manner based on the configuration message (WTRU can perform a propagation delay procedure, calculate a Rx-Tx time difference and determine a PDC value, Para [0076-77]. Also see Para [0002, 78] of provisional application 63/249,338); wherein the configuration message is used to instruct the terminal device to perform delay compensation or instruct a network device not to perform delay compensation (WTRU receives configuration information, WTRU is configured with propagation delay procedure, identifying a RS and indicating PDC type, Para [0090], WTRU configured with resources and signals to perform propagation delay compensation, Para [0071], including reference signals for a path, Para [0072]); but not fully disclosing the determining, by the terminal device, a target delay compensation manner based on the configuration message comprises: determining, by the terminal device, the target delay compensation manner from a timing advance-based (TA-based) delay compensation manner and a round trip time-based (RTT-based) delay compensation manner based on whether the configuration message comprises the configuration information of a reference signal. Zou discloses if the RTT-based method for determining propagation delay is to be used then it requires the network to configure reference signals and requires the network to calculate and deliver the gNB Rx-Tx time difference (i.e. RTT information), Para [0035] or page 8 of provisional application 63/255,467, meaning the RTT based method requires the reference signal and RTT information, otherwise it will use the TA-based method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zou in the system of Tooher in order to improve the performance of OTT services and improve data rate, latency and power consumption; and in a case that the configuration message comprises the configuration information, determining by the terminal device, the target delay compensation manner from the TA-based delay compensation manner and the RTT-based delay compensation manner based on a reception status of the first RTT information (for a method claim, conditional limitations are optional, this is also obvious to one of ordinary skill in the art that the RTT method would require RTT information, further Zou explicitly disclose the RTT method requires the gNB Rx-Tx time difference, Para [0035]).
Regarding claim 10, Tooher discloses a terminal device (WTRU, Fig. 1b), comprising at least one processor, and at least one memory (processor and memory, Fig. 1b) including computer program, wherein the at least one memory and the at least one processor are configured with the computer program, to cause the terminal device at least to: receive, a configuration message, wherein the configuration message is used to determine a delay compensation manner of the terminal device (WTRU receives configuration information, WTRU is configured with propagation delay procedure, identifying a RS and indicating PDC type, Para [0090]); and determine, a target delay compensation manner based on the configuration message (WTRU can perform a propagation delay procedure, calculate a Rx-Tx time difference and determine a PDC value, Para [0076-77]. Also see Para [0002, 78] of provisional application 63/249,338); wherein the configuration message is used to instruct the terminal device to perform delay compensation or instruct a network device not to perform delay compensation (WTRU receives configuration information, WTRU is configured with propagation delay procedure, identifying a RS and indicating PDC type, Para [0090], WTRU configured with resources and signals to perform propagation delay compensation, Para [0071], including reference signals for a path, Para [0072]); but not fully disclosing the determining, by the terminal device, a target delay compensation manner based on the configuration message comprises: determining, by the terminal device, the target delay compensation manner from a timing advance-based (TA-based) delay compensation manner and a round trip time-based (RTT-based) delay compensation manner based on whether the configuration message comprises the configuration information of a reference signal. Zou discloses the RTT-based method for determining propagation delay is to be used then it requires the network to configure reference signals and requires the network to calculate and deliver the gNB Rx-Tx time difference (i.e. RTT information), Para [0035] or page 8 of provisional application 63/255,467, meaning the RTT based method requires the reference signal and RTT information, otherwise it will use the TA-based method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zou in the system of Tooher in order to improve the performance of OTT services and improve data rate, latency and power consumption; and in a case that the configuration message comprises the configuration information, determining by the terminal device, the target delay compensation manner from the TA-based delay compensation manner and the RTT-based delay compensation manner based on a reception status of the first RTT information (this is obvious to one of ordinary skill in the art that the RTT method would require RTT information, further Zou explicitly disclose the RTT method requires the gNB Rx-Tx time difference, Para [0035]).
Regarding claim 18, Tooher discloses a network device (enodeB Fig. 1c), comprising at least one processor and at least one memory (processor and memory, inherent) including computer program, wherein the at least one memory and the at least one processor are configured with the computer program, to cause the network device at least to: transmit, a configuration message to a terminal device, wherein the configuration message is used to determine a delay compensation manner of the terminal device (WTRU receives configuration information, WTRU is configured with propagation delay procedure, identifying a RS and indicating PDC type, Para [0090], intended use of the configuration message); wherein the configuration message is used to instruct the terminal device to perform delay compensation or instruct a network device not to perform delay compensation (WTRU receives configuration information, WTRU is configured with propagation delay procedure, identifying a RS and indicating PDC type, Para [0090], WTRU configured with resources and signals to perform propagation delay compensation, Para [0071], including reference signals for a path, Para [0072]); but not fully disclosing the wherein the configuration message is used by the terminal device to determine a target delay compensation manner based on the configuration message comprises: determining, by the terminal device, the target delay compensation manner from a timing advance-based (TA-based) delay compensation manner and a round trip time-based (RTT-based) delay compensation manner based on whether the configuration message comprises the configuration information of a reference signal. Zou discloses the RTT-based method for determining propagation delay is to be used then it requires the network to configure reference signals and requires the network to calculate and deliver the gNB Rx-Tx time difference (i.e. RTT information), Para [0035] or page 8 of provisional application 63/255,467, meaning the RTT based method requires the reference signal and RTT information, otherwise it will use the TA-based method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zou in the system of Tooher in order to improve the performance of OTT services and improve data rate, latency and power consumption; and transmit, first RTT information to the terminal device, wherein a case that the configuration comprises configuration information, the first RTT information is used by the terminal device to determine the target delay compensation manner from the TA-based delay compensation manner and the RTT-based delay compensation manner based on a reception status of the first RTT information (this is obvious to one of ordinary skill in the art that the RTT method would require RTT information, further Zou explicitly disclose the RTT method requires the gNB Rx-Tx time difference, Para [0035], also intended use as some of these operations are performed by the terminal device apparatus which is not being claimed in this claim).
Regarding claims 4 and 13, Tooher discloses the method/device according to claim 3/12, wherein the determining, by the terminal device, the target delay compensation manner from a TA-based delay compensation manner and a RTT-based delay compensation manner based on whether the configuration message comprises the configuration information comprises: in a case that the configuration message does not comprise the configuration information, determining, by the terminal device, the TA-based delay compensation manner as the target delay compensation manner (the PDC type indication may indicate whether the PDC type is TA-based or RTT-based, Para [0090], in this case the configuration lacks the PDC indicates the RTT-based).
Regarding claims 5 and 14, Tooher discloses the method/device according to claim 3/12, wherein the determining, by the terminal device, the target delay compensation manner from a TA-based delay compensation manner and a RTT-based delay compensation manner based on whether the configuration message comprises the configuration information comprises: in a case that the configuration message comprises the configuration information, determining, by the terminal device, the RTT-based delay compensation manner as the target delay compensation manner (the PDC type indication may indicate whether the PDC type is TA-based or RTT-based, Para [0090], in this case the configuration, the PDC indicates the RTT-based).
Regarding claims 7 and 15, Tooher discloses the method/device according to claim 6/12, wherein the determining, by the terminal device, the target delay compensation manner from the TA-based delay compensation manner and the RTT-based delay compensation manner based on a reception status of first RTT information comprises: in a case that the terminal device has not received the first RTT information, determining, by the terminal device, the TA-based delay compensation manner as the target delay compensation manner (the WTRU side compensation PDC may be TA-based or RTT-based procedure, Para [0083], RTT procedures may apply knowledge of the gNB Rx-Tx time difference, Para [0082], if this information isn’t received it would be obvious to use the TA-based procedure).
Regarding claims 8 and 16, Tooher discloses the method/device according to claim 6/12, wherein the determining, by the terminal device, the target delay compensation manner from the TA-based delay compensation manner and the RTT-based delay compensation manner based on a reception status of first RTT information comprises: in a case that the terminal device has received the first RTT information, determining, by the terminal device, the RTT-based delay compensation manner as the target delay compensation manner (gNB sends the Rx-Tx time to the WTRU, Para [0083], RTT based procedure uses the Rx-Tx time, Para [0083] obvious to perform the RTT-based procedure if given the RTT information).
Regarding claims 9 and 17, Tooher discloses the method/device according to claim 2/11, wherein the reference signal comprises one or more of following signals: a sounding reference signal (SRS), a channel status indication reference signal (CSI RS), a phase tracking reference signal (PTRS), and a tracking reference signal (TRS) (WTRU is configured with propagation delay procedure, identifying a RS, Para [0090], these reference signals are known in the art).
Response to Arguments
Applicant's arguments filed 7/24/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the Tooher reference does not disclose the amended limitations. Applicant argues Tooher does not disclose “feature A” determining, where the target delay compensation manner from a TA based or a RTT based manner based on whether the configuration message comprises configuration information of a reference signal. In response, this is a different amendment than original claim 3, which stated: determining, the target delay compensation manner from a TA based or a RTT based manner based on whether the configuration message comprises configuration information. It never said based on configuration information of a reference signal. Claim 2 said determining a target delay compensation manner based on configuration information of a reference signal but never mentioned the manner being the TA-based or RTT-based manner, so the amendment is a new combination derived from original claims 2 and 3. Argument is moot as the new limitation is disclosed by a new reference. Applicant makes an argument Tooher does not disclose “feature B” where determining the target delay compensation manner from the TA-based or the RTT-based manner is based on reception status of RTT information. In response, this is optional step for a method claim. Further it is obvious to one of ordinary skill the RTT based manner would require having the information necessary to calculate RTT.
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 KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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