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, filed 8/4/26, with respect to objections to the claims have been fully considered and are persuasive. The objections to the claim numbering have been withdrawn.
Applicant's arguments filed 8/4/26 have been fully considered but they are not persuasive. For claim 1, Applicant states R1 does not disclose a first timer applied to only a specific serving cell; however, R1 discloses a timer can be for a specific serving cell (paragraph 345). Therefore, R1 would appear to disclose the claimed limitation.
Additionally, Applicant states R1 does not disclose “the Hierarchical Two-Timer CSI Transmission Control Logic” of claims 1-3. However, this limitation is not in the claims. Therefore, R1 discloses the claimed limitations and the rejections under the prior art are maintained.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Table 1 of the specification, ‘Hierarchical Two-Timer CSI Transmission Control Logic’) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Additionally, claims 1-3 are method claims, and therefore, the limitations after “in case that” are optional and not required by the claimed language.
Finally, in the previous action, Examiner took Official Notice for certain claimed limitations. Since Applicant has not traversed the previous Official Notice, Official Notice is considered FINAL, and such limitations are considered admitted prior art.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al (US 2023/0363043)[R1]
For claim 1, R1 discloses receiving, by the terminal, a radio resource control (RRC) reconfiguration message (paragraphs 5-6, 27, 99, 219-223, 233, 338, 345-346, 427-429, 437, 448-449 RRC), wherein the RRC reconfiguration message comprises: configuration parameters for channel status information (CSI) report (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449 configures CSI reporting); configuration parameters for a first discontinuous reception (DRX) for a specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449 configures DRX for specific serving cells); and configuration parameters for a second DRX for a specific DRX group (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 361, 427-429, 437, 448-449 configures second DRX); activating, by the terminal, the first DRX for the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449); and performing, by the terminal, transmission of CSI report on the specific serving cell, wherein a first timer starts and stops based on the configuration parameters for the first DRX for the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449), wherein, in case that the first timer for the specific serving cell is not running, the terminal: performs transmission of a first type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449 CSI is reported outside the on-duration period); does not perform transmission of a second type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449 must be in the time period); and does not perform transmission of a third type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 361, 427-429, 437, 448-449 must be while timer is running).
For claim 2, R1 discloses in case that the first timer for the serving cell is running and a second timer for the specific DRX group is not running (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449), the terminal: performs transmission of the first type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449); performs transmission of the second type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449); and does not perform transmission of the third type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 338, 345-346, 427-429, 437, 448-449).
For claim 3, R1 discloses in case that the first timer for the serving cell is running and the second timer for the specific DRX group is running, the terminal (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449 smaller second timer): performs transmission of the first type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); performs transmission of the second type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); and performs transmission of the third type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 361, 427-429, 437, 448-449).
For claim 4, R1 discloses the specific DRX group comprises the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449 applied to specific serving cells).
For claim 5, R1 discloses the specific DRX group further comprises one or more secondary cells (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449).
For claim 6, R1 discloses the specific serving cell is Primary Cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449 Pcell).
For claim 13, R1 discloses the first DRX for the specific serving cell is applied only to the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); and the second DRX for the specific DRX group is applied to one or more serving cells (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449).
For claim 14, R1 discloses duration of the first timer of the specific serving cell is configured based on the configuration parameters for the first DRX for the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449).
For claim 15, R1 discloses a transceiver (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554), a memory (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554), and a controller coupled to the transceiver and the memory (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554), wherein the controller is configured to cause the terminal to: receive a radio resource control (RRC) reconfiguration message (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554), wherein the RRC reconfiguration message comprises: configuration parameters for channel status information (CSI) report (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554); configuration parameters for a first discontinuous reception (DRX) for a specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554); and configuration parameters for a second DRX for a specific DRX group (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554); activate the first DRX for the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554); and perform transmission of CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554), wherein a first timer starts and stops based on the configuration parameters for the first DRX for the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554), wherein, in case that the first timer for the specific serving cell is not running, the terminal: performs transmission of a first type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554); does not perform transmission of a second type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554); and does not perform transmission of a third type CSI report on the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 358, 427-429, 437, 448-449, 554).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-12 are rejected under 35 U.S.C. 102(a)(1) as anticipated by R1 or, in the alternative, under 35 U.S.C. 103 as obvious over R1.
For claim 7, R1 discloses the first type CSI report is transmitted: aperiodically on physical uplink shared channel of the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 361, 427-429, 437, 448-449); and based on a CSI request field in specific downlink control information addressed by a first identifier (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 361, 427-429, 437, 448-449). Or, in the alternative, Examiner takes Official Notice that the use of transmitting aperiodically on physical uplink shared channel of the specific serving cell was common and well known in the art prior to the effective filing date. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to use transmitting aperiodically on physical uplink shared channel of the specific serving cell. The technical reasoning to combine would be to use a commonly use time interval for transmission, to increase flexibility, and design choice.
For claim 8, R1 discloses the second type CSI report is transmitted: semi-persistently on physical uplink shared channel of the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); and based on a CSI request field in second specific downlink control information addressed by a second identifier (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 361, 427-429, 437, 448-449).
For claim 9, R1 discloses the third type CSI report is transmitted: semi-persistently on physical uplink control channel of the specific serving cell (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); and based on an activation command in a specific medium access control (MAC) control element (CE) (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 359, 368, 427-429, 437, 448-449).
For claim 10, R1 discloses the RRC reconfiguration message further comprises: configuration parameters for the first DRX for one or more second specific serving cells (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); and a parameter for the first identifier; and a parameter for the second identifier (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449).
For claim 11, R1 discloses the one or more second specific serving cells is one or more secondary cells (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449).
For claim 12, R1 discloses each of the one or more first DRX configurations is applied to each of one or more serving cells configured for the terminal (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449); and the second DRX configuration is applied to a primary DRX group (paragraphs 5-6, 27, 99, 219-223, 229-230 [including table], 338, 345-346, 427-429, 437, 448-449).
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 CHRISTOPHER R CROMPTON whose telephone number is (571)270-3678. The examiner can normally be reached 10AM-4PM ET M-Th.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571)272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R CROMPTON/Primary Examiner, Art Unit 2463
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