Response to Amendment
This office action is in response to the response filed on August 31, 2026.
Claims 1-13 are pending in this application.
Drawings
The drawings received July 2, 2024 have been accepted.
Response to Arguments
The claim objection is hereby withdrawn in light of applicant’s amendments.
The 35 USC §112(b) rejection of claims 3-5, 7-9, and 12 is hereby withdrawn in light of applicants’ amendments and arguments.
The arguments directed towards the prior art rejection are persuasive, however a new grounds of rejection has been provided below, necessitated by the claim amendments.
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 1-5, 7, 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen et al (US 2024/0015781, hereinafter “Jacobsen”) in view of Yu et al (US 2024/0380523, hereinafter “Yu”).
Regarding claim 1, Jacobsen teaches a first wireless communication device included in a wireless communication system (¶75, mapping to the gNB), the first wireless communication device comprising:
a communicator configured to perform communication with a second wireless communication device supporting a survival time (¶75 and ¶68, wherein the gNB works with the terminal device around the requirements of survival time); and
a controller configured to:
control allocation of a radio resource for data transmission in terms of frequency band and time domain, in a survival time mode in which the survival time is being applied (¶75 and ¶68, wherein the survival mode is when communications packets have been missed or filed and a survival time has been started, , see also ¶72 and ¶76, wherein resource allocation is performed by the gNB in terms of frequency and timing), and
control, in accordance with the survival time and information on a radio measurement duration during which the second wireless communication device performs radio measurement, configuration of the radio measurement duration (¶75 and ¶79, wherein the gNB can activate different radio measurement duration/patterns for radio measurement depending on survival time violation concerns).
However, Jacobsen does not explicitly indicate that the radio resource (being controlled in survival time mode) being different from a radio resource which is usable even in a state other than the survival time.
Yu teaches a communication system, concerned with a survival time mode (¶¶30-31), wherein the base station operations two separate CGs, one with different frequency and time resources for use when survival time mode is involved (see ¶¶36-40, see also ¶46 and ¶49), wherein the UE can take advantage of CG2 and other fast retransmission efforts to take advantage of more reliable communication and additional physical radio resources to help get through the survival time.
It would have been obvious to one of ordinary skill at the effective filing date of the application to use Yu’s suggestion of additional CG allocation and fast retransmission in Jacobsen’s system, this will allow the UE to take advantage of better physical radio resources to ensure the next packet is received to avoid timing out of survival mode.
Regarding claim 12, Jacobsen teaches a second wireless communication device included in a wireless communication system and supporting a survival time (¶68, the terminal device), the second wireless communication device comprising:
a second communicator configured to perform communication with a first wireless communication device (¶75, wherein the terminal device receives configuration information from the gNB); and
a second controller circuitry configured to:
in a survival time mode to which the survival time applies, transmit data using a first radio resource, the first radio resource being a radio resource allocated by a first wireless communication device in terms of frequency band and time domain (¶75 and ¶79, wherein the gNB can activate different radio measurement duration/patterns for radio measurement depending on survival time violation concerns), and
set a radio measurement period in accordance with information regarding the survival time and regarding a radio measurement period during which radio measurement is performed, the information being received from the first wireless communication device (see ¶¶82-85, wherein the measurement reporting timeline is adjusted by the gNB to avoid survival time duration that might result in a timeout).
However, Jacobsen does not explicitly indicate that the radio resource (being controlled in survival time mode) being different from a radio resource which is usable even in a state other than the survival time.
Yu teaches a communication system, concerned with a survival time mode (¶¶30-31), wherein the base station operations two separate CGs, one with different frequency and time resources for use when survival time mode is involved (see ¶¶36-40, see also ¶46 and ¶49), wherein the UE can take advantage of CG2 and other fast retransmission efforts to take advantage of more reliable communication and additional physical radio resources to help get through the survival time.
It would have been obvious to one of ordinary skill at the effective filing date of the application to use Yu’s suggestion of additional CG allocation and fast retransmission in Jacobsen’s system, this will allow the UE to take advantage of better physical radio resources to ensure the next packet is received to avoid timing out of survival mode.
Regarding claim 13, Jacobsen teaches a wireless communication system comprising a first wireless communication device and a second wireless communication device supporting a survival time (¶75 and ¶68, wherein the gNB is mapped to the first wireless communication device and the terminal device is mapped to the second wireless communication device),
the first wireless communication device including:
a communicator configured to perform communication with the second wireless communication device (¶75, wherein the gNB helps configure the resource allocations of the terminal device); and
a controller circuitry configured to control allocation of a radio resource for data transmission in terms of frequency band and time domain, in a survival time mode in which the survival time is being applied, and configured to control, in accordance with the survival time and information on a radio measurement duration during which the second wireless communication device performs radio measurement, configuration of the radio measurement durations (¶75 and ¶79, wherein the gNB can activate different radio measurement duration/patterns for radio measurement depending on survival time violation concerns), and
the second wireless communication device including:
a second communicator configured to perform communication with the first wireless communication device (see ¶75, wherein the gNB communicated with the terminal device); and
a second controller circuitry configured to, in the survival time mode, uses the radio resource allocated by the first wireless communication device for the communication and performs the radio measurement as controlled by the first wireless communication device (¶75, wherein the terminal device receives new measurement gap configurations received from the gNB).
However, Jacobsen does not explicitly indicate that the radio resource (being controlled in survival time mode) being different from a radio resource which is usable even in a state other than the survival time.
Yu teaches a communication system, concerned with a survival time mode (¶¶30-31), wherein the base station operations two separate CGs, one with different frequency and time resources for use when survival time mode is involved (see ¶¶36-40, see also ¶46 and ¶49), wherein the UE can take advantage of CG2 and other fast retransmission efforts to take advantage of more reliable communication and additional physical radio resources to help get through the survival time.
It would have been obvious to one of ordinary skill at the effective filing date of the application to use Yu’s suggestion of additional CG allocation and fast retransmission in Jacobsen’s system, this will allow the UE to take advantage of better physical radio resources to ensure the next packet is received to avoid timing out of survival mode.
Regarding claim 2, Jacobsen teaches the first wireless communication device according to claim 1, wherein the radio measurement duration is a duration during which communication with the second wireless communication device does not need to be performed (¶69, wherein during measurement gaps the terminal device suspends communication).
Regarding claim 3, Jacobsen teaches the first wireless communication device according to claim 2, wherein, when the radio measurement duration is equal to or shorter than the survival time, the controller circuitry performs control such that the second wireless communication device performs the radio measurement , See Jacobsen, ¶85 and ¶84, wherein the gNB can determine that the MG is less or greater than the survival time and adjust the MG timing such as delaying it (i.e. not sending MG), see also ¶87. However, that only occurs when there is a collision or the survival time is less than MG).
Regarding claim 4, Jacobsen teaches the first wireless communication device according to claim 3, wherein, when the radio measurement duration is longer than the survival time, the controller circuitry performs control such that the second wireless communication device does not perform the radio measurement (See Jacobsen, ¶85 and ¶84, wherein the gNB can determine that the MG is less or greater than the survival time and adjust the MG timing such as delaying it (i.e. not sending MG), see also ¶87. However, that only occurs when there is a collision or the survival time is less than MG).
Regarding claim 5, Jacobsen teaches the first wireless communication device according to claim 3, wherein, when the radio measurement duration is longer than the survival time, and a difference between the radio measurement duration and the survival time is a first length of time or shorter, the controller circuitry performs control such that the second wireless communication device performs the radio measurement (See Jacobsen, ¶85 and ¶84, wherein the gNB can determine that the MG is less or greater than the survival time, it can also determine if there will be a collision or if requirements may not be met based upon the timing of the survival time and the measurement gap duration. If so the gNB would adjust the MG timing such as delaying it (i.e. not sending MG), see also ¶87).
Regarding claim 7, Jacobsen teaches the first wireless communication device according to claim 1, wherein the controller circuitry does not allocate, as a radio resource to be added in order to reinforce data transmission in a survival time mode, a radio resource that overlaps, in the time domain, a radio resource used in a duration other than the survival time mode (¶¶82-85, wherein the gNB configures the terminal for a second resource pattern, that second resource pattern sets or delays the measurement gaps at a later time to avoid collision between the time sensitive data and the MG).
Regarding claim 9, Jacobsen teaches the first wireless communication device according to claim 1, wherein, in a survival time mode, the controller circuitry does not use, for data transmission, a radio resource used in a duration other than the survival time mode (¶¶82-85, wherein the gNB configures the terminal for a second resource pattern, that second resource pattern sets or delays the measurement gaps at a later time to avoid collision between the time sensitive data and the MG).
Regarding claim 10, Jacobsen teaches the first wireless communication device according to claim 1, wherein the radio measurement duration is a Measurement Gap (see ¶69).
Regarding claim 11, Jacobsen teaches the first wireless communication device according to claim 1, wherein the survival time is a data transmission interval of the second wireless communication device (¶69, wherein the survival time can be a time period).
Claim(s) 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen in view Yu, and in further view of Lohr et al (US 2024/0298335, hereinafter “Lohr”).
Regarding claim 6, Jacobsen, as improved by Yu, teaches the first wireless communication device according to claim 1.
Jacobsen teaches that the second wireless device would enter into a survival mode when a packet transmission has failed (¶68, wherein survival time is a period where the terminal operates with a timer, but has failed to receive a piece of expected data). However, Jacobsen does not explicitly indicate when reception of data from the second wireless communication device has failed, the controller circuitry transmits a signal to the second wireless communication device, the signal enabling the second wireless communication device to recognize that the data reception has failed, and cause the second wireless communication device to transition to a survival time mode.
Lohr teaches a system for managing the survival mode of a terminal device, wherein the controller transmits a signal to the second wireless communication device, the signal enabling the second wireless communication device to recognize that the data reception has failed, and cause the second wireless communication device to transition to a survival time duration (¶88, wherein a base station would transmit a HARQ retransmission to a UE which indicates a transmission was unsuccessful an triggering a survival mode, see also ¶¶40-41).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to use Lohr’s suggestion of HARQ retransmission signals as an indication for the UE to enter the survival mode and start the timer in Jacobsen. This would allow the gNB to start the survival mode when its know there was a transmission issue, rather than waiting for a timeout at the terminal side (see ¶89).
Regarding claim 8, Jacobsen, as improved by Yu teaches the first wireless communication device according to claim 1, wherein the controller circuitry determines, whether or not to allocate, as the radio resource in the survival time mode, a radio resource that overlaps, in the time domain, a radio resource used in a duration other than the survival time mode (¶¶82-85, wherein the gNB configures the terminal for a second resource pattern, that second resource pattern sets or delays the measurement gaps at a later time to avoid collision between the time sensitive data and the MG).
However Jacobsen doesn’t indicate that allocation of radio resource and other determinations are dependent on transmission power.
Lohr teaches a system for managing the survival mode of a terminal device, wherein the survival resource allocation activities include increasing transmission power as well as other transmission parameters between the gNB and UE to help ensure the survival time is not violated (¶80 and ¶41).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to use Lohr’s suggestion of controlling transmission power parameters in Jacobsen’s system as another tool Jacobsen’s gNB can implement to ensure the reliability of transmission, especially when in survival mode (see Jacobsen, ¶86).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2023/046264 because it discloses applying conditional resources to a UE in a survival state including making more physical resources available for data transmission.
WO 2022/151242 because it discloses selection and reconfiguration of radio resources based upon survival time being detected.
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.
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/KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
