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 .
Double Patenting
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1,6,11,16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,8,12 of U.S. Patent No. 12,101,756 in view of Jeon et al. (US Application 2021/0167930, hereinafter Jeon).
Claims 1,8,12 of U.S. Patent No. 12,101,756 disclose all limitation of claims 1,6,11,16 of the instant application except performing, by the user device, a channel state information (CSI) measurement or a CSI report in response to the monitoring indicates that the message, is not detected.
However, Jeon teaches performing, by the user device, a channel state information (CSI) measurement or a CSI report in response to the monitoring indicates that the message, is not detected([0217],[0214],[0314]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Jeon with the teaching of U.S. Patent No. 12,101,756 by using the above features such as performing, by the user device, a channel state information (CSI) measurement or a CSI report in response to the monitoring indicates that the message, is not detected as taught by Jeon for the purpose of enabling operation of carrier aggregation([0054]).
Instant application
Patented Case
1. A wireless communication method, comprising: monitoring of detecting, by a user device, a message from a network device, wherein the detecting of the message provides information on a discontinuous reception (DRX) on-duration timer starts after a time offset; and performing, by the user device, a channel state information (CSI) measurement or a CSI report in response to the monitoring indicates that the message, is not detected.
6. A wireless communication method, comprising: skipping, by a network device, transmitting a message to a user device, wherein the message provides information on whether a discontinuous reception (DRX) on-duration timer starts after a time offset, wherein the skipping of the transmitting of the message causes the user device to not detect the message and perform a channel state information (CSI) measurement or a CSI report in response to a non-detection of the message.
11. An apparatus for wireless communication comprising a processor and a memory, wherein the processor is configured to: monitor of detecting a message from a network device, wherein the detecting of the message provides information on a discontinuous reception (DRX) on-duration timer starts after a time offset; and perform a channel state information (CSI) measurement or a CSI report in response to the monitoring indicates that the message, is not detected.
16. An apparatus for wireless communication comprising a processor and a memory, wherein the processor is configured to: skip transmitting a message to a user device, wherein the message provides information on whether a discontinuous reception (DRX) on-duration timer starts after a time offset, wherein the skipping of the transmitting of the message causes the user device to not detect the message and perform a channel state information (CSI) measurement or a CSI report in response to a non-detection of the message.
1. A wireless communication method, comprising: receiving, by a user device, from a network device, a message, wherein the receiving of the message provides information on whether a discontinuous reception (DRX) on-duration timer indicating a duration of a DRX cycle of the user device starts after a time offset; and wherein the message is included in a physical downlink control channel (PDCCH) transmission and the DRX on-duration timer starts after the time offset in response to not receiving of the PDCCH transmission, performing, by the user device, an operation based on the information, wherein the time offset is not less than a bandwidth part (BWP) switching time, and wherein the time offset is related to a capability of the user device.
5. A wireless communication method, comprising: transmitting, by a network device, to a user device, a message that provides information on whether a discontinuous reception (DRX) on-duration timer indicating a duration of a DRX cycle of the user device starts after a time offset, wherein the message is included in a physical downlink control channel (PDCCH) transmission and the DRX on-duration timer starts after the time offset in response to not receiving of the PDCCH transmission, wherein the time offset is not less than a bandwidth part (BWP) switching time, and wherein the time offset is related to a capability of the user device.
8. A user device for wireless communication, comprising at least one processor that is configured to carry out: receive a message from a network device, wherein the receiving of the message provides information on whether a discontinuous reception (DRX) on-duration timer indicating a duration of a DRX cycle of the user device starts after a time offset; and perform an operation based on the information, wherein the message is included in a physical downlink control channel (PDCCH) transmission and the DRX on-duration timer starts after the time offset in response to not receiving of the PDCCH transmission, wherein the time offset is not less than a bandwidth part, BWP, switching time, and wherein the time offset is related to a capability of the user device.
12. An apparatus for wireless communication, comprising at least one processor that is configured to carry out: transmit, to a user device, a message that provides information on whether a discontinuous reception (DRX) on-duration timer indicating a duration of a DRX cycle of the user device starts after a time offset, wherein the message is included in a physical downlink control channel (PDCCH) transmission and the DRX on-duration timer starts after the time offset in response to not receiving of the PDCCH transmission, wherein the time offset is not less than a bandwidth part (BWP) switching time, and wherein the time offset is related to a capability of the user device.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Jeon et al. (US Application 2021/0167930, hereinafter Jeon).
Regarding claims 1,11, Jeon discloses a wireless communication method, an apparatus(Figs. 1,9,28-48), comprising:
monitoring of detecting, by a user device, a message from a network device, wherein the detecting of the message provides information on a discontinuous reception (DRX) on-duration timer starts after a time offset(Abstract, [0462]-[0463], which recites A wireless device monitors a physical downlink control channel (PDCCH) of an active bandwidth part (BWP) during a discontinuous reception (DRX) active time. The UE may start transmitting CSI report for the first active BWP at a first available CSI resources on or after the (n+k).sup.th subframe. In an example, the UE may start transmitting CSI report for the first active BWP at a first available CSI resources on or after the (n+k+m).sup.th subframe. The first time offset (e.g., k value) between receiving the SCell activation/deactivation MAC CE or DCI and starting the SCell deactivation timer may be configured in a RRC message, or preconfigured as a fixed value. The second time offset (e.g., m value) between starting the SCell deactivation timer and starting the BWP inactivity timer may be configured in an RRC message, or predefined as a fixed value. For example, the first time offset may be configured as zero if a DCI is used to activate an SCell in case that a UE is capable of activating the SCell with a first time offset of zero.); and
performing, by the user device, a channel state information (CSI) measurement or a CSI report in response to the monitoring indicates that the message, is not detected([0217],[0224],[0256],[0314], which recites A wireless device may use a CSI-RS in a multi-beam system for estimating the beam quality of the links between the wireless device and a base station. For example, based on a measurement of a CSI-RS, a wireless device may report CSI for downlink channel adaption. a normal UE may not be required to detect a DCI with DCI format 6 which is used for an eMTC UE.).
Regarding claims 6, 16,Jeon discloses a wireless communication method, an apparatus (Figs. 1,9,28-48), comprising:
skipping, by a network device, transmitting a message to a user device, wherein the message provides information on whether a discontinuous reception (DRX) on-duration timer starts after a time offset(Abstract, [0462]-[0463], which recites A wireless device monitors a physical downlink control channel (PDCCH) of an active bandwidth part (BWP) during a discontinuous reception (DRX) active time. The UE may start transmitting CSI report for the first active BWP at a first available CSI resources on or after the (n+k).sup.th subframe. In an example, the UE may start transmitting CSI report for the first active BWP at a first available CSI resources on or after the (n+k+m).sup.th subframe. The first time offset (e.g., k value) between receiving the SCell activation/deactivation MAC CE or DCI and starting the SCell deactivation timer may be configured in a RRC message, or preconfigured as a fixed value. The second time offset (e.g., m value) between starting the SCell deactivation timer and starting the BWP inactivity timer may be configured in an RRC message, or predefined as a fixed value. For example, the first time offset may be configured as zero if a DCI is used to activate an SCell in case that a UE is capable of activating the SCell with a first time offset of zero.),
wherein the skipping of the transmitting of the message causes the user device to not detect the message and perform a channel state information (CSI) measurement or a CSI report in response to a non-detection of the message([0217],[0224],[0256],[0314], which recites A wireless device may use a CSI-RS in a multi-beam system for estimating the beam quality of the links between the wireless device and a base station. For example, based on a measurement of a CSI-RS, a wireless device may report CSI for downlink channel adaption. a normal UE may not be required to detect a DCI with DCI format 6 which is used for an eMTC UE.).
Regarding claims 2, 7, 12,17,Jeon discloses the wireless communication method of claim 1, wherein the message is received through a Layer 1 signaling in a physical downlink control channel (PDCCH) transmission(Abstract, [0462]-[0463]).
Regarding claims 3,8, 13, 18,Jeon discloses the wireless communication method of claim 2, wherein the PDCCH transmission is received in a primary cell(Abstract, [0462]-[0463]).
Regarding claims 4, 9,14, 19,Jeon discloses the wireless communication method of claim 2, wherein the Layer 1 signaling is specific for a certain group of user devices(Abstract, [0462]-[0463]).
Regarding claims 5,10,15,20, Jeon discloses the wireless communication method of claim 2, wherein the user device performs the CSI measurement or the CSI report responsive to not receiving of the PDCCH transmission([0217],[0224],[0256],[0314]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Moo Jeong can be reached at 571-272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DADY CHERY/ Primary Examiner, Art Unit 2418
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