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 .
Non-Statutory Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 1-7 and 9-20 rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 8-12, 14-16 and 18 of U.S. Patent No. 12,028,865 (Golitschek hereafter).
RE claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application merely broadens claim 9 of the Golitschek patent by eliminating elements and their functions as set forth below:
Instant Application (Claim 1)
Golitschek (Claim 1)
Limitation 1: A method performed by a user equipment (UE), the method comprising: receiving an autonomous uplink (AUL) command;
A method performed by a user equipment (UE), the method comprising: receiving an autonomous uplink (AUL) command ;
Limitation 2: triggering an AUL confirmation in response to the received AUL command;
triggering an AUL confirmation in response to receiving the AUL command;
Limitation 2: and transmitting the AUL confirmation in response to the triggered AUL confirmation, wherein the AUL confirmation is transmitted via a medium access control-control element (MAC-CE),
and transmitting the AUL confirmation to the network unit in response to triggering the AUL confirmation , wherein the AUL confirmation is transmitted via a medium access control control element (MAC CE)
Limitation 3: wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification,
and includes a resource identification a bit indicating a state of the resource identification, indicating activation for the resource identification, or indicating deactivation for the resource identification,
Limitation 4: wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding;
and the AUL confirmation has a relative transmission priority higher than: a MAC CE for a buffer status report excluding a buffer status report included for padding;
Limitation 5: a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof;
a MAC CE for a power headroom report, an extended power headroom report, a dual connectivity power headroom report, or a combination thereof;
Limitation 6: a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding;
a MAC CE for a sidelink buffer status report excluding a sidelink buffer status report included for padding;
Limitation 7: data from a logical channel excluding data from an uplink common control channel (UL-CCCH);
data from a logical channel excluding data from an uplink common control channel;
Limitation 8: a MAC-CE for a recommended bit rate query;
a MAC CE for a recommended bit rate query;
Limitation 9: a MAC-CE for a BSR included for padding;
a MAC CE for a buffer status report included for padding;
Limitation 10: and a MAC-CE for a sidelink BSR included for padding.
a MAC CE for a sidelink buffer status report included for padding;
Limitations 11 and 12: NONE
As set forth in the table above, claim 1 of the instant application merely broadens claim 1 of the Golitschek Patent by eliminating the bold and struck through limitations as set forth above.
RE claims 2, 13 and 18, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL command comprises an AUL activation command or an AUL deactivation command (Claim 2 of each are identical in scope, claims 13 and 13 represent an obvious variation of claim 1 by performing the method with a generic user equipment and a processor).
RE claim 3, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL command is received in downlink control information (DCI) (Claim 3).
RE claim 4, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation includes a bitmap, and each bit of the bitmap represents either a configured uplink resource or an activated uplink resource (Claim 4).
RE claim 5, the Golitschek Patent claims the method of claim 4 as set forth above. Note that the Golitschek Patent further claims wherein the configured uplink resource or the activated uplink resource corresponds to a cell, a carrier, a bandwidth part (BWP), or a combination thereof (Claim 5).
RE claim 6, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation includes an identifier representing one of a plurality of transmission parameters, and the plurality of transmission parameters include time domain resources, hybrid automatic repeat request (HARQ) process identifiers, or a combination thereof (Claim 6).
RE claim 7, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation further has the higher priority than data from a logical channel conveying non-delay critical services, or data from a logical channel conveying massive machine type communication (MTC) services, or both (These are the missing limitations 11 and 12 indicated in the table above for claim 1).
RE claim 9, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation has a priority lower than: a MAC-CE for a cell radio temporary network identifier (C-RNTI); data from an uplink control channel; and a MAC-CE for a data volume and PHR (Claim 9).
RE claim 10, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein reception of the AUL command triggers a scheduling request (SR) (Claim 1).
RE claim 11, the Golitschek Patent claims the method of claim 1 as set forth above. Note that the Golitschek Patent further claims wherein the AUL command comprises an AUL deactivation command, and wherein the received AUL command triggers a BSR (Claim 11).
RE claim 12, although the claims at issue are not identical, they are not patentably distinct from each other because claim 12 of the instant application merely broadens claim 12 of the Golitschek patent by eliminating elements and their functions as set forth below:
Instant Application (Claim 12)
Golitschek (Claim 12)
Limitation 1: A user equipment (UE), comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to: receive an autonomous uplink (AUL) command;
A user equipment (UE), comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to: receive an autonomous uplink (AUL) command ;
Limitation 2: trigger an AUL confirmation in response to the received AUL command;
trigger an AUL confirmation in response to the received AUL command;
Limitation 2: and transmit the AUL confirmation in response to the triggered AUL confirmation, wherein the AUL confirmation is transmitted via a medium access control-control element (MAC-CE),
and transmit the AUL confirmation to the network unit in response to triggering the AUL confirmation to indicate reception of the AUL command, wherein the AUL confirmation is transmitted via a medium access control control element (MAC CE)
Limitation 3: wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification,
and includes a resource identification comprising a bit indicating a state of the resource identification, indicating activation for the resource identification, or indicating deactivation for the resource identification,
Limitation 4: wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding;
and the AUL confirmation has a relative transmission priority higher than: a MAC CE for a buffer status report excluding a buffer status report included for padding;
Limitation 5: a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof;
a MAC CE for a power headroom report, an extended power headroom report, a dual connectivity power headroom report, or a combination thereof;
Limitation 6: a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding;
a MAC CE for a sidelink buffer status report excluding a sidelink buffer status report included for padding;
Limitation 7: data from a logical channel excluding data from an uplink common control channel (UL-CCCH);
data from a logical channel excluding data from an uplink common control channel;
Limitation 8: a MAC-CE for a recommended bit rate query;
a MAC CE for a recommended bit rate query;
Limitation 9: a MAC-CE for a BSR included for padding;
a MAC CE for a buffer status report included for padding;
Limitation 10: and a MAC-CE for a sidelink BSR included for padding.
a MAC CE for a sidelink buffer status report included for padding;
Limitation 11 and 12: NONE
As set forth in the table above, claim 12 of the instant application merely broadens claim 12 of the Golitschek Patent by eliminating the bold and struck through limitations as set forth above.
RE claim 14, the Golitschek Patent claims the UE of claim 12 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation further has the higher priority than data from a logical channel conveying non-delay critical services, or data from a logical channel conveying massive machine type communication (MTC) services, or both (These are the missing limitations 11 and 12 indicated in the table above for claim 12).
RE claim 15, the Golitschek Patent claims the method of claim 12 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation has a priority lower than: a MAC-CE for a cell radio temporary network identifier (C-RNTI); data from an uplink control channel; and a MAC-CE for a data volume and PHR (Claim 14).
RE claim 16, although the claims at issue are not identical, they are not patentably distinct from each other because claim 16 of the instant application merely broadens claim 15 of the Golitschek patent by eliminating elements and their functions as set forth below:
Instant Application (Claim 16)
Golitschek (Claim 15)
Limitation 1: A base station, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the base station to: transmit an autonomous uplink (AUL) command,
A base station, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the base station to: transmit an autonomous uplink (AUL) command to a remote unit ;
Limitation 2: wherein the AUL command triggers an AUL confirmation;
wherein the AUL command triggers an AUL confirmation;
Limitation 2: and receive the AUL confirmation in response to the triggered AUL confirmation, wherein the AUL confirmation is received via a medium access control-control element (MAC-CE),
and receive the AUL confirmation in response to the AUL confirmation being triggered to indicate that the remote unit received the AUL command, wherein the AUL confirmation is received via a medium access control control element (MAC CE)
Limitation 3: wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification,
and includes a resource identification comprising a bit indicating a state of the resource identification, indicating activation for the resource identification, or indicating deactivation for the resource identification,
Limitation 4: wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding;
and the AUL confirmation has a relative transmission priority higher than: a MAC CE for a buffer status report excluding a buffer status report included for padding;
Limitation 5: a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof;
a MAC CE for a power headroom report, an extended power headroom report, a dual connectivity power headroom report, or a combination thereof;
Limitation 6: a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding;
a MAC CE for a sidelink buffer status report excluding a sidelink buffer status report included for padding;
Limitation 7: data from a logical channel excluding data from an uplink common control channel (UL-CCCH);
data from a logical channel excluding data from an uplink common control channel;
Limitation 8: a MAC-CE for a recommended bit rate query;
a MAC CE for a recommended bit rate query;
Limitation 9: a MAC-CE for a BSR included for padding;
a MAC CE for a buffer status report included for padding;
Limitation 10: and a MAC-CE for a sidelink BSR included for padding.
a MAC CE for a sidelink buffer status report included for padding;
Limitation 11 and 12: NONE
As set forth in the table above, claim 16 of the instant application merely broadens claim 15 of the Golitschek Patent by eliminating the bold and struck through limitations as set forth above.
RE claim 17, although the claims at issue are not identical, they are not patentably distinct from each other because claim 17 of the instant application merely broadens claim 16 of the Golitschek patent by eliminating elements and their functions as set forth below:
Instant Application (Claim 17)
Golitschek (Claim 16)
Limitation 1: A processor for wireless communication, comprising: at least one controller coupled with at least one memory and configured to cause the processor to: receive an autonomous uplink (AUL) command
A processor for wireless communication, comprising: at least one controller coupled with at least one memory and configured to cause the processor to: receive an autonomous uplink (AUL) command ;
Limitation 2: trigger an AUL confirmation in response to the received AUL command;
trigger an AUL confirmation in response to the received AUL command;
Limitation 2: and transmit the AUL confirmation in response to the triggered AUL confirmation, wherein the AUL confirmation is transmitted via a medium access control-control element (MAC-CE),
and transmit the AUL confirmation to the network unit in response to triggering the AUL confirmation to indicate reception of the AUL command, wherein the AUL confirmation is transmitted via a medium access control control element (MAC CE)
Limitation 3: wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification,
and includes a resource identification comprising a bit indicating a state of the resource identification, indicating activation for the resource identification, or indicating deactivation for the resource identification,
Limitation 4: wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding;
and the AUL confirmation has a relative transmission priority higher than: a MAC CE for a buffer status report excluding a buffer status report included for padding;
Limitation 5: a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof;
a MAC CE for a power headroom report, an extended power headroom report, a dual connectivity power headroom report, or a combination thereof;
Limitation 6: a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding;
a MAC CE for a sidelink buffer status report excluding a sidelink buffer status report included for padding;
Limitation 7: data from a logical channel excluding data from an uplink common control channel (UL-CCCH);
data from a logical channel excluding data from an uplink common control channel;
Limitation 8: a MAC-CE for a recommended bit rate query;
a MAC CE for a recommended bit rate query;
Limitation 9: a MAC-CE for a BSR included for padding;
a MAC CE for a buffer status report included for padding;
Limitation 10: and a MAC-CE for a sidelink BSR included for padding.
a MAC CE for a sidelink buffer status report included for padding;
Limitation 11 and 12: NONE
As set forth in the table above, claim 16 of the instant application merely broadens claim 15 of the Golitschek Patent by eliminating the bold and struck through limitations as set forth above.
RE claim 19, the Golitschek Patent claims the processor of claim 17 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation further has the higher priority than data from a logical channel conveying non-delay critical services, or data from a logical channel conveying massive machine type communication (MTC) services, or both (These are the missing limitations 11 and 12 indicated in the table above for claim 12).
RE claim 20, the Golitschek Patent claims the processor of claim 17 as set forth above. Note that the Golitschek Patent further claims wherein the AUL confirmation has a priority lower than: a MAC-CE for a cell radio temporary network identifier (C-RNTI); data from an uplink control channel; and a MAC-CE for a data volume and PHR (Claim 18).
Claims 8 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of the Golitschek Patent in view of ETSI TS 36.321 V14.3.0 (2017-07, NPL cited in IDS filed July 07, 2024, ETSI hereafter),
RE claim 8, the Golitschek Patent claims the method of claim 1 as set forth above. The Golitschek Patent does not explicitly claim wherein the AUL confirmation has a priority lower than: a MAC-CE for a cell radio temporary network identifier (C-RNTI); data from an uplink control channel; a MAC-CE for a data volume and PHR; data from a logical channel conveying delay-critical services; or a combination thereof.
However, ETSI further teaches wherein the AUL confirmation has a priority lower than: a MAC-CE for a cell radio temporary network identifier (C-RNTI); data from an uplink control channel; a MAC-CE for a data volume and PHR; data from a logical channel conveying delay-critical services; or a combination thereof (Page 39, a MAC control element for SPS confirmation, thus a confirmation message, has lower priority than MAC CE elements for C-RNTI or data from UL-CCCH/uplink control channel and MAC control element for DPR which stands for data volume and Power Headroom Report.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, of the Golitschek Patent with the teachings of ETSI in order to ensure delivery of critical signaling.
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 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.
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 1-3, 7, 12-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nokia et al. (NPL cited in IDS filed July 07, 2024, 3GPP Draft R2-1708483, Nokia hereafter) in view of Tang et al. (US 2020/0163061, Tang hereafter) and further in view of ETSI.
RE claims 1, 12 and 17, Nokia discloses a method performed user equipment (UE), a UE, and a processor for wireless communication, comprising: at least one controller coupled with at least one memory and configured to cause the processor to: receive an autonomous uplink (AUL) command (Page 3 Figure 1. Autonomous UL transmission activation via PHY signaling is transmitted from eNB to UE. Both inherently comprised of transmitters, receivers processors and memory); trigger an AUL confirmation in response to the received AUL command (Figure 1 on page 3, the activation signaling is acknowledged by the UE); and transmit the AUL confirmation in response to the triggered AUL confirmation (Figure 1 on page 3, the activation signaling is acknowledged by the UE).
Nokia does not explicitly disclose wherein the AUL confirmation is transmitted via a medium access control-control element (MAC-CE), wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification, wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding; a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof; a MAC-CE for a sidelink (SL) BSR excluding a reports BSR included for padding; data from a logical channel excluding data from an uplink common control channel (UL-CCCH); a MAC-CE for a recommended bit rate query; a MAC-CE for a BSR included for padding; and a MAC-CE for a sidelink BSR included for padding.
However, Tang teaches wherein the AUL confirmation is transmitted via a medium access control-control element (MAC-CE), wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification, (Paragraph 87 discloses a first option for terminal sending a MAC CE carrying response information confirming activation or release of SPS resource(s), for one, part or all cells, on SPS resources of one certain cell. A payload in MAC CE indicates all corresponding cell IDs for performing activation or release of SPS resources is used. Furthermore, paragraph 89 the payload may consist of two sub-segments. The first carrying an identification sub-segment and an indication sub-segment. The identification sub-segment is used for carrying a carrier identifier, such as a Cell ID as stated in paragraph 88, and the indication sub-segment is used for carrying an indication bit indicating whether activation or release of the SPS resource is to be performed.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, apparatus and processor of Nokia with the teachings of Tang in order to provide for explicit feedback on signaling from a base station by a UE.
Nokia in view of Tang does not explicitly disclose wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding; a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof; a MAC-CE for a sidelink (SL) BSR excluding a reports BSR included for padding; data from a logical channel excluding data from an uplink common control channel (UL-CCCH); a MAC-CE for a recommended bit rate query; a MAC-CE for a BSR included for padding; and a MAC-CE for a sidelink BSR included for padding.
However, ETSI teaches wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding; a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof; a MAC-CE for a sidelink (SL) BSR excluding a reports BSR included for padding; data from a logical channel excluding data from an uplink common control channel (UL-CCCH); a MAC-CE for a recommended bit rate query; a MAC-CE for a BSR included for padding; and a MAC-CE for a sidelink BSR included for padding (Page 39, a MAC control element for SPS confirmation, thus a confirmation message, has higher priority than a list of control element types that are identical to the list claimed).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, apparatus and processor of Nokia in view of Tang with the teachings of ETSI in order to ensure delivery of critical signaling.
RE claims 2, 13 and 18, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1, UE of claim 12 and processor of claim 17 as set forth above. Note that Nokia further discloses wherein the AUL command comprises an AUL activation command or an AUL deactivation command. (Page 3 Figure 1. Autonomous UL transmission activation via PHY signaling is transmitted from eNB to UE. Further disclosed is an Autonomous UL transmission deactivation via PHY. Both UEs and eNB are inherently comprised of transmitters, receivers processors and memory).
RE claim 3, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1 as set forth above. Note that Nokia further discloses wherein the autonomous uplink command is received in downlink control information (DCI) (Page 3, second bullet pointed item. Autonomous transmission are activated by the eNB via PHY signaling (DCI)).
RE claims 7, 14 and 19, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1, UE of claim 12 and processor of claim 17 as set forth above. Note that Tang further teaches wherein the bit indicates a status, activation, deactivation, or a combination thereof (Paragraph 82, “UE may be configured to transmit an uplink MAC control element that acknowledges the carrier activation or deactivation command. The acknowledgement may include signaling bits that are inserted into the PUCCH information payload as described above. Alternatively, the acknowledgement may consist of echoing back the same MAC control element contents to the base station using the uplink as were provided on the downlink. This acknowledgement can be paired with a previous activation/deactivation command by matching the carrier activation/deactivation bit map values in the MAC control elements. The acknowledgement may indicate which MAC CE has been received where the MAC CE used for carrier activation/deactivation is identified by a sequence number.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Nokia with the teachings of Tang in order to provide for explicit feedback on signaling from a base station by a UE.
RE claim 8, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1, apparatus of claim 14 and processor of claim 19 as set forth above. Note that ETSI further teaches wherein the AUL confirmation has a priority lower than: a MAC-CE for a cell radio temporary network identifier (C-RNTI); data from an uplink control channel; a MAC-CE for a data volume and PHR; data from a logical channel conveying delay-critical services; or a combination thereof (Page 39, a MAC control element for SPS confirmation, thus a confirmation message, has lower priority than MAC CE elements for C-RNTI or data from UL-CCCH/uplink control channel and MAC control element for DPR which stands for data volume and Power Headroom Report.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, apparatus and processor of Nokia in view of Tang with the teachings of ETSI in order to ensure delivery of critical signaling.
RE claim 9, 15 and 20, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1, apparatus of claim 14 and processor of claim 19 as set forth above. Note that ETSI further teaches wherein the autonomous uplink confirmation has a higher transmission priority than: the MAC CE for a buffer status report excluding the buffer status report included for padding; the MAC CE for a power headroom report, the extended power headroom report, the dual connectivity power headroom report, or a combination thereof; the MAC CE for a sidelink buffer status report excluding the sidelink buffer status report included for padding; data from the logical channel excluding data from the uplink common control channel; the MAC CE for the recommended bit rate query; the MAC CE for a buffer status report included for padding; and the MAC CE for a sidelink buffer status report included for padding (Page 39, a MAC control element for SPS confirmation, a confirmation message has higher priority and the same plurality of elements).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and apparatus of Nokia in view of Tang with the teachings of ETSI in order to ensure delivery of critical signaling.
RE claim 16, Nokia discloses a base station, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the base station to: transmit an autonomous uplink (AUL) command, wherein the AUL command triggers an AUL confirmation (Page 3 Figure 1. Autonomous UL transmission activation via PHY signaling is transmitted from eNB to UE. Both inherently comprised of transmitters, receivers, processors and memory); and receive the AUL confirmation in response to the triggered AUL confirmation, (Figure 1 on page 3, the activation signaling is acknowledged by the UE).
Nokia does not explicitly disclose wherein the AUL confirmation is received via a medium access control-control element (MAC-CE), wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification, wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding; a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof; a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding; data from a logical channel excluding data from an uplink common control channel (UL-CCCH); a MAC-CE for a recommended bit rate query; a MAC-CE for a BSR included for padding; and a MAC-CE for a sidelink BSR included for padding.
However, Tang teaches wherein the AUL confirmation is received via a medium access control-control element (MAC-CE), wherein the MAC-CE comprises a bit that indicates a state of a resource identification, an activation of the resource identification, or a deactivation of the resource identification, (Paragraph 87 discloses a first option for terminal sending a MAC CE carrying response information confirming activation or release of SPS resource(s), for one, part or all cells, on SPS resources of one certain cell. A payload in MAC CE indicates all corresponding cell IDs for performing activation or release of SPS resources is used. Furthermore, paragraph 89 the payload may consist of two sub-segments. The first carrying an identification sub-segment and an indication sub-segment. The identification sub-segment is used for carrying a carrier identifier, such as a Cell ID as stated in paragraph 88, and the indication sub-segment is used for carrying an indication bit indicating whether activation or release of the SPS resource is to be performed.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and apparatus of Nokia with the teachings of Tang in order to provide for explicit feedback on signaling from a base station by a UE.
Nokia in view of Tang does not explicitly disclose wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding; a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof; a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding; data from a logical channel excluding data from an uplink common control channel (UL-CCCH); a MAC-CE for a recommended bit rate query; a MAC-CE for a BSR included for padding; and a MAC-CE for a sidelink BSR included for padding.
However, ETSI teaches wherein the AUL confirmation has a priority higher than: a MAC-CE for a buffer status report (BSR) excluding a BSR included for padding; a MAC-CE for a power headroom report (PHR), an extended PHR, or a dual connectivity (DC) PHR, or a combination thereof; a MAC-CE for a sidelink (SL) BSR excluding a SL BSR included for padding; data from a logical channel excluding data from an uplink common control channel (UL-CCCH); a MAC-CE for a recommended bit rate query; a MAC-CE for a BSR included for padding; and a MAC-CE for a sidelink BSR included for padding. (Page 39, a MAC control element for SPS confirmation, a confirmation message, has higher priority and the same plurality of elements).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and apparatus of Nokia in view of Tang with the teachings of ETSI in order to ensure delivery of critical signaling.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nokia in view of Tang, in view of ETSI and further in view of Nimbalker et al. (US 9,775,141, Nimbalker hereafter).
RE claim 4, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1 as set forth above. Nokia in view of Tang and further in view of ETSI does not explicitly disclose wherein the AUL confirmation includes a bitmap, and each bit of the bitmap represents either a configured uplink resource or an activated uplink resource
However, Nimbalker teaches wherein the AUL confirmation includes a bitmap, and each bit of the bitmap represents either a configured uplink resource or an activated uplink resource (Column 19, lines 36-56).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Nokia in view of Tang and further in view of ETSI with the teachings of Nimbalker since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 5, Nokia in view of Tang, in view of ETSI and further in view of Nimbalker discloses the method of claim 4 as set forth above. Note that Tang further teaches wherein the configured uplink resource or the activated uplink resource corresponds to a cell, a carrier, a bandwidth part (BWP), or a combination thereof. (Paragraph 80, “UE may be configured to transmit an uplink MAC control element that acknowledges the carrier activation or deactivation command”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Nokia with the teachings of Tang in order to provide for explicit feedback on signaling from a base station by a UE.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nokia in view of Tang, in view of ETSI and further in view of Huawei et al. (NPL cited in IDS, 3GPP Draft R1-1715419, Huawei hereafter).
RE claim 6, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1 as set forth above. Nokia in view of Tang and further in view of ETSI does not explicitly disclose wherein the AUL confirmation includes an identifier representing one of a plurality of transmission parameters, and the plurality of transmission parameters include time domain resources, hybrid automatic repeat request (HARQ) process identifiers, or a combination thereof.
However, Huawei teaches wherein the AUL confirmation includes an identifier representing one of a plurality of transmission parameters, and the plurality of transmission parameters include time domain resources, hybrid automatic repeat request (HARQ) process identifiers, or a combination thereof. (Pages 8-9, DCI indication).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Nokia in view of Tang and further in view of ETSI with the teachings of Huawei since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nokia in view of Tang, in view of ETSI and further in view of Ratasuk et al. (US 2015/0029943, Ratasuk hereafter).
RE claim 10, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1 as set forth above. Nokia in view of Tang and further in view of Lin does not explicitly disclose wherein reception of the AUL command triggers a scheduling request (SR)
However, Ratasuk teaches wherein reception of the AUL command triggers a scheduling request (SR) (Paragraph 81, eNB periodically triggers, via downlink control information, certain user equipment to transmit a scheduling request indicator, a channel quality indicator, a precoding matrix indicator, a rank indicator, or sounding reference signals.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Nokia in view of Tang and further in view of ETSI with the teachings of Ratasuk since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nokia in view of Tang, in view of ETSI and further in view of Sebire (US 2013/0128829).
RE claim 11, Nokia in view of Tang and further in view of ETSI discloses the method of claim 1 as set forth above. Note that Nokia does further discloses wherein the AUL command comprises an autonomous uplink deactivation command (Page 3, an Autonomous UL transmission deactivation via PHY.).
Nokia in view of Tang and further in view of ETSI does not explicitly disclose wherein receiving the AUL command triggers a BSR.
However, Sebire teaches wherein receiving the autonomous uplink command triggers a BSR (Paragraphs 4-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Nokia in view of Tang and further in view of Lin with the teachings of Sebire since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Conclusion
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/James P Duffy/ Primary Examiner, Art Unit 2461
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