CTNF 18/782,665 CTNF 91654 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Information Disclosure Statement The information disclosure statement submitted on 7/24/2024 has been considered by the Examiner and made of record in the application file. Claim Objections 07-29-01 AIA Claim s 1, 13, and 14 are objected to because of the following informalities: In claim 1 , on line 10, and claim 14 , on line 8, “a PDSCH transmission” should be “the PDSCH transmission”. In claim 13 , on line 9, there is no antecedent basis for “the transceiver” . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1, 3, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (U.S. Patent Application Publication No. 2023/0262824 A1) (as cited on Applicant’s IDS, hereinafter Huang) in view of You et al. (U.S. Patent Application Publication No. 2022/0149926 A1) (as cited on Applicant’s IDS, hereinafter You) . Regarding claim 1 , Huang discloses an apparatus (Figure 2 and paragraph 0026 disclose a UE 201), comprising: a memory; and a processor, coupled to the memory, configured to (Figure 2 and paragraph 0027 disclose the UE 201 has a memory 202 and a processor 203. The memory 202 stores data and program instructions 210 to be executed by the processor 203 to control the operations of the UE 201): receive a Radio Resource Control (RRC) command from a base station (BS), comprising configuration data for a Secondary Cell (SCell), wherein the SCell operates in Frequency Range 2 (FR2), and wherein the RRC command comprises a first Transmission Configuration Indicator (TCI) state for the SCell for receiving a Physical Downlink Shared Channel (PDSCH) transmission (Paragraph 0005 discloses for NR FR2 SCell, in order to correctly send the CSI reporting, the UE need to know the TCI state. TCI state information contains the beam information for FR2 cells. Figure 3 and paragraphs 0029 and 0030 disclose in step 312, UE 301 receives an RRC signaling (e.g., RRCReconfiguration) with RRC configuration information from network 302. The RRC configuration is for adding and activating one or more secondary cells (SCells). The RRC configuration information comprises information for SCell addition, SCell activation, and TCI indication. The SCell addition information comprises SCell index, SCell state, and SCell measurement configuration; the SCell activation information comprises candidate TCI state information, which comprises a list of candidate TCI states to be used for measurement and CSI reporting; and TCI state information comprises a TCI indication that indicates a selected TCI to be used for measurement and CSI reporting upon activation. The TCI state information for SCell is also depicted by 320. SCellTCI-StateInfo comprises TCI state information for data channel PDSCH. The RRC Reconfiguration message includes the TCI state information of the SCell to be activated. the TCI state information includes the TCI state indication for the data channel (PDSCH) of the activated SCell); activate based on the configuration data, the SCell for the apparatus and the first TCI state for receiving a PDSCH transmission (Figure 3 and paragraphs 0029 and 0030 disclose The RRC configuration is for adding and activating one or more secondary cells (SCells). The RRC configuration information comprises information for SCell addition, SCell activation, and TCI indication. In step 313, UE 301 activates the SCell with corresponding TCI state information. SCellTCI-StateInfo comprises TCI state information for data channel PDSCH. The RRC Reconfiguration message includes the TCI state information of the SCell to be activated. the TCI state information includes the TCI state indication for the data channel (PDSCH) of the activated SCell). Huang does not explicitly disclose receive the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state. In analogous art, You discloses receive the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state (Paragraphs 0055 and 0065 disclose the physical downlink control channel sent on the master cell or master secondary cell may carry a Transmission Configuration Indicator (TCI), which may be used to indicate to the terminal device the downlink beam used for receiving the downlink information on the secondary cell, for example, the downlink beam used for receiving the information carried on the Physical Downlink Shared Channel on the secondary cell. The terminal device may use the downlink beam corresponding to the TCI carried by the physical downlink control channel to receive the information carried in the subsequent downlink channel, for example, the information carried in the Physical Downlink Shared Channel). It 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 to incorporate a terminal device using a beam corresponding to a TCI to receive a PDSCH, as described in You, with a UE receiving a TCI state for a PDSCH, as described in Huang, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a terminal device using a beam corresponding to a TCI to receive a PDSCH of You with a UE receiving a TCI state for a PDSCH of Huang was within the ordinary ability of one of ordinary skill in the art based on the teachings of You. Therefore, it 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 to combine the teachings of Huang and You to obtain the invention as specified in claim 1 . Regarding claim 3, as applied to claim 1 above , Huang, as modified by You, further discloses wherein the RRC command is an SCell Config RRC command that comprises the first TCI state (Figure 3 and paragraphs 0029 and 0030 disclose in step 312, UE 301 receives an RRC signaling (e.g., RRCReconfiguration) with RRC configuration information from network 302. The RRC configuration is for adding and activating one or more secondary cells (SCells). The RRC configuration information comprises information for SCell addition, SCell activation, and TCI indication. The SCell addition information comprises SCell index, SCell state, and SCell measurement configuration; the SCell activation information comprises candidate TCI state information, which comprises a list of candidate TCI states to be used for measurement and CSI reporting; and TCI state information comprises a TCI indication that indicates a selected TCI to be used for measurement and CSI reporting upon activation. The TCI state information for SCell is also depicted by 320. SCellTCI-StateInfo comprises TCI state information for control channel PDCCH. The RRC Reconfiguration message includes the TCI state information of the SCell to be activated. In one embodiment, the TCI state information includes the TCI state indication for the control channel (PDCCH) of the activated SCell, comprising a CORESET Id and an activated TCI state). Regarding claim 13 , Huang discloses an apparatus (Figure 2 and paragraph 0026 disclose a gNB 211. Figure 1 and paragraph 0021 disclose the 5G NR network 100 comprises a User Equipment (UE) 110 communicatively connected to a Base Station (BS/gNB) or transmission point (TRP) (e.g., gNB/TRP 121) of an access network 120 which provides radio access using a Radio Access Technology (RAT) (e.g., the 5G NR technology), comprising: a memory, and a processor, coupled to the memory, configured to (Figure 2 and paragraph 0026 disclose the processor 213 processes the received baseband signals and invokes different functional modules to perform features in the gNB 211. The memory 212 stores program instructions and data 220 to control the operations of the gNB 211): transmit a Radio Resource Control (RRC) command comprising configuration data for activation of a Secondary Cell (SCell), wherein the RRC command comprises a first Transmission Configuration Indicator (TCI) state for the SCell that operates in Frequency Range 2 (FR2) (Paragraph 0005 discloses for NR FR2 SCell, in order to correctly send the CSI reporting, the UE need to know the TCI state. TCI state information contains the beam information for FR2 cells. Figure 3 and paragraphs 0029 and 0030 disclose in step 312, UE 301 receives an RRC signaling (e.g., RRCReconfiguration) with RRC configuration information from network 302. The RRC configuration is for adding and activating one or more secondary cells (SCells). The RRC configuration information comprises information for SCell addition, SCell activation, and TCI indication. The SCell addition information comprises SCell index, SCell state, and SCell measurement configuration; the SCell activation information comprises candidate TCI state information, which comprises a list of candidate TCI states to be used for measurement and CSI reporting; and TCI state information comprises a TCI indication that indicates a selected TCI to be used for measurement and CSI reporting upon activation. The TCI state information for SCell is also depicted by 320. SCellTCI-StateInfo comprises TCI state information for data channel PDSCH. The RRC Reconfiguration message includes the TCI state information of the SCell to be activated. the TCI state information includes the TCI state indication for the data channel (PDSCH) of the activated SCell). Huang does not explicitly disclose transmit first antenna beam transmission information for a Physical Downlink Shared Channel (PDSCH) transmission in the SCell; transmit, via the transceiver, the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state. In analogous art, You discloses transmit first antenna beam transmission information for a Physical Downlink Shared Channel (PDSCH) transmission in the SCell (Paragraphs 0055 and 0065 disclose the physical downlink control channel sent on the master cell or master secondary cell may carry a Transmission Configuration Indicator (TCI), which may be used to indicate to the terminal device the downlink beam used for receiving the downlink information on the secondary cell, for example, the downlink beam used for receiving the information carried on the Physical Downlink Shared Channel on the secondary cell. The terminal device may use the downlink beam corresponding to the TCI carried by the physical downlink control channel to receive the information carried in the subsequent downlink channel, for example, the information carried in the Physical Downlink Shared Channel); transmit, via the transceiver, the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state (Paragraphs 0055 and 0065 disclose the physical downlink control channel sent on the master cell or master secondary cell may carry a Transmission Configuration Indicator (TCI), which may be used to indicate to the terminal device the downlink beam used for receiving the downlink information on the secondary cell, for example, the downlink beam used for receiving the information carried on the Physical Downlink Shared Channel on the secondary cell. The terminal device may use the downlink beam corresponding to the TCI carried by the physical downlink control channel to receive the information carried in the subsequent downlink channel, for example, the information carried in the Physical Downlink Shared Channel). It 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 to incorporate sending a TCI, which indicates to a terminal device the downlink beam used for receiving the downlink information on the secondary cell, as described in You, with a network sending a TCI state for a PDSCH, as described in Huang, because doing so is combining prior art elements according to known methods to yield predictable results. Combining sending a TCI, which indicates to a terminal device the downlink beam used for receiving the downlink information on the secondary cell of You with a network sending a TCI state for a PDSCH of Huang was within the ordinary ability of one of ordinary skill in the art based on the teachings of You. Therefore, it 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 to combine the teachings of Huang and You to obtain the invention as specified in claim 13 . Regarding claim 14 , Huang discloses a method for a user equipment (UE) (Figure 3 and paragraph 0029 disclose in step 312, UE 301 receives an RRC signaling), comprising: receiving a Radio Resource Control (RRC) command from a base station (BS) comprising configuration data for a Secondary Cell (SCell), wherein the SCell operates in Frequency Range 2 (FR2), wherein the RRC command comprises a first Transmission Configuration Indicator (TCI) state for the SCell for receiving a Physical Downlink Shared Channel (PDSCH) transmission (Paragraph 0005 discloses for NR FR2 SCell, in order to correctly send the CSI reporting, the UE need to know the TCI state. TCI state information contains the beam information for FR2 cells. Figure 3 and paragraphs 0029 and 0030 disclose in step 312, UE 301 receives an RRC signaling (e.g., RRCReconfiguration) with RRC configuration information from network 302. The RRC configuration is for adding and activating one or more secondary cells (SCells). The RRC configuration information comprises information for SCell addition, SCell activation, and TCI indication. The SCell addition information comprises SCell index, SCell state, and SCell measurement configuration; the SCell activation information comprises candidate TCI state information, which comprises a list of candidate TCI states to be used for measurement and CSI reporting; and TCI state information comprises a TCI indication that indicates a selected TCI to be used for measurement and CSI reporting upon activation. The TCI state information for SCell is also depicted by 320. SCellTCI-StateInfo comprises TCI state information for data channel PDSCH. The RRC Reconfiguration message includes the TCI state information of the SCell to be activated. the TCI state information includes the TCI state indication for the data channel (PDSCH) of the activated SCell); activating, based on the configuration data, the SCell for the UE and the first TCI state for receiving a PDSCH transmission (Figure 3 and paragraphs 0029 and 0030 disclose The RRC configuration is for adding and activating one or more secondary cells (SCells). The RRC configuration information comprises information for SCell addition, SCell activation, and TCI indication. In step 313, UE 301 activates the SCell with corresponding TCI state information. SCellTCI-StateInfo comprises TCI state information for data channel PDSCH. The RRC Reconfiguration message includes the TCI state information of the SCell to be activated. the TCI state information includes the TCI state indication for the data channel (PDSCH) of the activated SCell). Huang does not explicitly disclose receiving the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state. In analogous art, You discloses receiving the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state (Paragraphs 0055 and 0065 disclose the physical downlink control channel sent on the master cell or master secondary cell may carry a Transmission Configuration Indicator (TCI), which may be used to indicate to the terminal device the downlink beam used for receiving the downlink information on the secondary cell, for example, the downlink beam used for receiving the information carried on the Physical Downlink Shared Channel on the secondary cell. The terminal device may use the downlink beam corresponding to the TCI carried by the physical downlink control channel to receive the information carried in the subsequent downlink channel, for example, the information carried in the Physical Downlink Shared Channel). It 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 to incorporate a terminal device using a beam corresponding to a TCI to receive a PDSCH, as described in You, with a UE receiving a TCI state for a PDSCH, as described in Huang, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a terminal device using a beam corresponding to a TCI to receive a PDSCH of You with a UE receiving a TCI state for a PDSCH of Huang was within the ordinary ability of one of ordinary skill in the art based on the teachings of You. Therefore, it 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 to combine the teachings of Huang and You to obtain the invention as specified in claim 14 . 07-22-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of You as applied to claim 1 above, and further in view of Seo et al. (U.S. Patent Application Publication No. 2020/0045709 A1) (as cited on Applicant’s IDS, hereinafter Seo) . Regarding claim 2, as applied to claim 1 above , Huang, as modified by You, discloses the claimed invention except explicitly disclosing receive a ControlResourceSet RRC command comprising the first TCI state. In analogous art, Seo discloses receive a ControlResourceSet RRC command comprising the first TCI state (Paragraph 0152 discloses the UE can receive a MAC CE activation command through the PDSCH (S142). The MAC CE activation command may indicate a TCI state of any one of the plurality of TCI states. The MAC CE activation command may include a field indicating a serving cell ID to which a MAC CE is applied (Serving cell ID), a field indicating the CORESET for which the TCI field state is designated (CORESET ID), a field indicating a TCI state applicable to the CORESET identified by the CORESET ID field (TCI state ID, for example, 7 bits), etc.). It 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 to incorporate a UE receiving a command including CORESET information and indicating a TCI state, as described in Seo, with a UE receiving a TCI state and a PDSCH transmission from an SCell, as described in Huang, as modified by You, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a UE receiving a command including CORESET information and indicating a TCI state of Seo with a UE receiving a TCI state and a PDSCH transmission from an SCell of Huang, as modified by You, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Seo. Therefore, it 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 to combine the teachings of Huang, You, and Seo to obtain the invention as specified in claim 2 . 07-22-aia AIA Claim s 4, 8, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of You as applied to claim s 1 and 14 above, and further in view of Venugopal et al. (U.S. Patent Application Publication No. 2020/0396731 A1) (as cited on Applicant’s IDS, hereinafter Venugopal) . Regarding claims 4 and 15, as applied to claims 1 and 14 above , Huang, as modified by You, discloses the claimed invention except explicitly disclosing receive [receiving in claim 15 ] a second antenna beam transmission information for a Physical Uplink Control Channel (PUCCH) transmission in the SCell; and transmit [transmitting in claim 15 ] the PUCCH transmission on a second antenna beam to the SCell based at least on the second antenna beam transmission information. In analogous art, Venugopal discloses receive [receiving in claim 15 ] a second antenna beam transmission information for a Physical Uplink Control Channel (PUCCH) transmission in the SCell (Paragraph 0076 discloses the UE 404 may receive, from the base station 402, default uplink spatial relation information for determining a default uplink transmit beam. In some examples, the UE 404 may receive, from the base station 402, the default uplink spatial relation information via RRC signaling, MAC-CE signaling, and/or DCI signaling. The UE 404 may then use the default uplink transmit beam for transmitting a plurality of subsequent uplink transmissions. Paragraph 0081 discloses the uplink transmission includes at least one of an uplink control channel (e.g., PUCCH)); and transmit [transmitting in claim 15 ] the PUCCH transmission on a second antenna beam to the SCell based at least on the second antenna beam transmission information (Paragraph 0076 discloses the UE 404 may receive, from the base station 402, default uplink spatial relation information for determining a default uplink transmit beam. In some examples, the UE 404 may receive, from the base station 402, the default uplink spatial relation information via RRC signaling, MAC-CE signaling, and/or DCI signaling. The UE 404 may then use the default uplink transmit beam for transmitting a plurality of subsequent uplink transmissions. Paragraph 0081 discloses the uplink transmission includes at least one of an uplink control channel (e.g., PUCCH)). It 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 to incorporate a UE receiving information for determining a beam for a PUCCH, as described in Venugopal, with a UE receiving a transmission from an SCell, as described in Huang, as modified by You, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a UE receiving information for determining a beam for a PUCCH of Venugopal with a UE receiving a transmission from an SCell of Huang, as modified by You, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Venugopal. Therefore, it 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 to combine the teachings of Huang, You, and Venugopal to obtain the invention as specified in claims 4 and 15 . Regarding claims 8 and 19, as applied to claims 1 and 14 above , Huang, as modified by You, discloses the claimed invention except explicitly disclosing wherein the RRC command is an SCell Config RRC command that comprises a spatialRelationInfo parameter. In analogous art, Venugopal discloses wherein the RRC command is an SCell Config RRC command that comprises a spatialRelationInfo parameter (Paragraph 0076 discloses the UE 404 may receive, from the base station 402, default uplink spatial relation information for determining a default uplink transmit beam. In some examples, the UE 404 may receive, from the base station 402, the default uplink spatial relation information via RRC signaling, MAC-CE signaling, and/or DCI signaling. The UE 404 may then use the default uplink transmit beam for transmitting a plurality of subsequent uplink transmissions. Paragraph 0081 discloses the uplink transmission includes at least one of an uplink control channel (e.g., PUCCH)). It 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 to incorporate a UE receiving information for determining a beam for a PUCCH, as described in Venugopal, with a UE receiving a transmission from an SCell, as described in Huang, as modified by You, because doing so is combining prior art elements according to known methods to yield predictable results. Combining a UE receiving information for determining a beam for a PUCCH of Venugopal with a UE receiving a transmission from an SCell of Huang, as modified by You, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Venugopal. Therefore, it 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 to combine the teachings of Huang, You, and Venugopal to obtain the invention as specified in claims 8 and 19 . 07-22-aia AIA Claim s 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of You, further in view of Venugopal as applied to claim s 4 and 15 above, and further in view of Zhang et al. (U.S. Patent Application Publication No. 2019/0174466 A1) (as cited on Applicant’s IDS, hereinafter Zhang) . Regarding claims 7 and 18, as applied to claims 4 and 15 above , Huang, as modified by You and Venugopal, discloses the claimed invention except explicitly disclosing receive [receiving in claim 18 ] a PUCCH-Config RRC command comprising a spatialRelationInfo parameter. In analogous art, Zhang discloses receive [receiving in claim 18 ] a PUCCH-Config RRC command comprising a spatialRelationInfo parameter (Paragraphs 0252 and 0253 disclose the RRC 1155 of a RAN node 111 may transmit a suitable RRC message (e.g., an RRC connection establishment message, RRC connection reconfiguration message, or the like) to the UE 101, where the RRC message includes one or more IEs, which is a structural element containing one or more fields where each field includes parameters, content, and/or data. The parameters, content, and/or data included in the one or more fields of the IEs are used to configure the UE 101 to operate in a particular manner. In some embodiments, one or more PUCCH configuration (PUCCH-Config) IEs are included in such an RRC message, which are used to configure UE specific PUCCH parameters applicable to a respective BWP. The PUCCH-Config IE includes a PUCCH-SpatialRelationInfo IE). It 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 to incorporate transmitting, to a UE, an RRC message including a PUCCH-Config IE including a PUCCH-SpatialRelationInfo IE, as described in Zhang, with a UE receiving a transmission from an SCell, as described in Huang, as modified by You and Venugopal, because doing so is combining prior art elements according to known methods to yield predictable results. Combining incorporate transmitting, to a UE, an RRC message including a PUCCH-Config IE including a PUCCH-SpatialRelationInfo IE of Zhang with a UE receiving a transmission from an SCell of Huang, as modified by You and Venugopal, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Zhang. Therefore, it 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 to combine the teachings of Huang, You, Venugopal, and Zhang to obtain the invention as specified in claims 7 and 18 . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the 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 nonstatutory 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 nonstatutory 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. 08-36 AIA Claim 1 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,081,493 in view of Huang . Claim 4 of U.S. Patent No. 12,081,493 includes the limitations of the claim 1 of the instant application as follows: An apparatus, comprising: a processor, configured to: receive a Radio Resource Control (RRC) command from a base station (BS), comprising configuration data for a Secondary Cell (SCell), wherein the SCell operates in Frequency Range 2 (FR2), and wherein the RRC command comprises a first Transmission Configuration Indicator (TCI) state for the SCell for receiving a Physical Downlink Shared Channel (PDSCH) transmission; activate based on the configuration data, the SCell for the apparatus and the first TCI state for receiving a PDSCH transmission; and receive the PDSCH transmission on a first antenna beam from the SCell, wherein the first antenna beam is based on the first TCI state. However, claim 4 of U.S. Patent No. 12,081,493 also includes the following limitations: the apparatus is specifically a UE; a transceiver configured to operate in a wireless network; the processor coupled to the transceiver; receive antenna beam transmission information for Physical Uplink Control Channel (PUCCH) transmission in the SCell; the receiving is performed by a transceiver; the TCI state for receiving a Physical Downlink Control Channel (PDCCH) transmission, and the antenna beam transmission information for PUCCH transmission in the SCell; receive, via the transceiver, the PDCCH transmission on an antenna beam from the SCell, wherein the antenna beam is based on the TCI state. Nonetheless, the removal of said limitations from claim 1 of the instant application of the present application made claim 1 of the instant application a broader version of claim 4 of U.S. Patent No. 12,081,493 . Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim 1 of the instant application is not patentably distinct from claim 4 of U.S. Patent No. 12,081,493 . Claim 4 of U.S. Patent No. 12,081,493 does not explicitly disclose the apparatus including a memory and the processor being coupled to the memory. However, Huang discloses a memory; and a processor, coupled to the memory (Figure 2 and paragraph 0027 disclose the UE 201 has a memory 202 and a processor 203. The memory 202 stores data and program instructions 210 to be executed by the processor 203 to control the operations of the UE 201). It 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 to incorporate a UE including a memory coupled to the processor, as described in Huang, with a UE including a processor, as described in claim 4 of U.S. Patent No. 12,081,493 , because doing so is combining prior art elements according to known methods to yield predictable results. Combining a UE including a memory coupled to the processor of Huang with a UE including a processor of claim 4 of U.S. Patent No. 12,081,493 was within the ordinary ability of one of ordinary skill in the art based on the teachings of Huang. Therefore, it 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 to combine the teachings of U.S. Patent No. 12,081,493 and Huang to obtain the invention as specified in claim 1 of the instant application . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 5, 6, 9-12, 16, 17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Considering claims 5 and 16 , the best prior art found during the prosecution of the present application, Huang, You, and Venugopal, fails to disclose, teach, or suggest the limitations of wherein the second antenna beam transmission information comprises multiple candidate spatialRelationInfo parameters; activating a default spatialRelationInfo parameter for the PUCCH transmission from the multiple candidate spatialRelationInfo parameters, wherein the default spatialRelationInfo parameter corresponds to the second antenna beam transmission information in combination with and in the context of all of the other limitations in claims 5 and 16 . Considering claims 9 and 20 , the best prior art found during the prosecution of the present application, Huang and You, fails to disclose, teach, or suggest the limitations of receiving semi-persistent (SP) Channel State Information (CSI)-Reference Signal (RS) for Physical Uplink Control Channel (PUCCH) transmission in the SCell; and transmitting a CSI report in a PUCCH transmission in the SCell based at least on the SP CSI-RS for PUCCH transmission in combination with and in the context of all of the other limitations in claims 9 and 20 . Claims 6, 10-12, and 17 are also allowed by virtue of their dependency on claims 5, 9, and 16 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Cirik et al. (U.S. Patent Application Publication No. 2020/0100154 A1) discloses beam configuration for secondary cells; Cirik et al. (U.S. Patent Application Publication No. 2020/0267712 A1) discloses transmission/reception management in wireless communication; and Koskela et al. (U.S. Patent Application Publication No. 2020/0403682 A1) discloses user equipment receiver spatial filter configuration during secondary cell beam failure recovery. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to MARK G. PANNELL whose telephone number is (303) 297-4245. The Examiner can normally be reached Monday through Friday 8:00 am to 3:00 pm (Mountain Time). 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, Rafael Perez-Gutierrez can be reached on (571) 272-7915. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at (866) 217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call (800) 786-9199 (IN USA OR CANADA) or (571) 272-1000. /Mark G. Pannell/Primary Examiner, Art Unit 2642 Application/Control Number: 18/782,665 Page 2 Art Unit: 2642 Application/Control Number: 18/782,665 Page 4 Art Unit: 2642 Application/Control Number: 18/782,665 Page 5 Art Unit: 2642 Application/Control Number: 18/782,665 Page 6 Art Unit: 2642 Application/Control Number: 18/782,665 Page 7 Art Unit: 2642 Application/Control Number: 18/782,665 Page 8 Art Unit: 2642 Application/Control Number: 18/782,665 Page 9 Art Unit: 2642 Application/Control Number: 18/782,665 Page 10 Art Unit: 2642 Application/Control Number: 18/782,665 Page 11 Art Unit: 2642 Application/Control Number: 18/782,665 Page 12 Art Unit: 2642 Application/Control Number: 18/782,665 Page 13 Art Unit: 2642 Application/Control Number: 18/782,665 Page 14 Art Unit: 2642 Application/Control Number: 18/782,665 Page 15 Art Unit: 2642 Application/Control Number: 18/782,665 Page 16 Art Unit: 2642 Application/Control Number: 18/782,665 Page 17 Art Unit: 2642 Application/Control Number: 18/782,665 Page 18 Art Unit: 2642
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