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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/8/2024 has been entered and considered by the examiner.
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 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 11,038,570. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-19 of the instant application are anticipated by claims 1-25 of U.S. Patent No. 11,038,570. Please see the side by side comparison and analysis of independent claims 1 and 12 of the instant application and claims 2 and 14 of U.S. Patent No. 11,038,570 below.
Claim 1 of the Instant Application
Claim 2 of U.S. Patent No. 11,038,570
1. A method performed by a transmission point (TRP) for communicating with a user equipment (UE), the method comprising:
1. A method performed by a transmission point (TRP) for communicating with a user equipment (UE), the method comprising:
transmitting, from the TRP to the UE, a first beam tracking process index (BTPI) associated with a first link between the TRP and the UE.
transmitting, to the UE, a first message comprising multiple CSI-RS configurations and a first beam tracking process index (BTPI), wherein the first BTPI identifies a first beam tracking process; (moved up from claim 2 to show similarity) 2. The method of claim 1, wherein the first beam tracking process is associated with a first link between the TRP and the UE, and the first link between the TRP and the UE is an active link used for transmitting control information and user data.
transmitting, to the UE, a trigger message for triggering the UE to transmit an aperiodic measurement report with respect to a set of one or more CSI-RS resources of the CSI-RS configurations;
receiving, from the UE, the aperiodic measurement report comprising an identification of a preferred CSI-RS configuration, and
transmitting, to the UE, a control message for scheduling a PDSCH transmission, wherein the first BTPI is included in the control message.
Regarding claim 1, as can be seen in the above comparison, claim 1 of the instant application is anticipated by claim 2 of U.S. Patent No. 11,038,570. Independent claim 1 is thus anticipated by claim 2 of U.S. Patent No. 11,038,570. Regarding claims 2-11, the claims are also anticipated by subject matter in claims 1-11 of U.S. Patent No. 11,038,570.
Claim 12 of the Instant Application
Claim 14 of U.S. Patent No. 11,038,570
12. A method performed by a user equipment (UE) communicating with a transmission point (TRP), the method comprising:
13. A method performed by a user equipment (UE) communicating with a transmission point (TRP), the method comprising:
receiving, at the UE from the TRP, a first beam tracking process index (BTPI) associated with a first link between the TRP and the UE.
receiving, from the TRP, a first message comprising multiple CSI-RS configurations and a first beam tracking process index (BTPI) wherein the first BTPI identifies a first beam tracking process; (moved up from claim 14 to show similarity) 14. The method of claim 13, wherein first beam tracking process is associated with a first link between the TRP and the UE, and the first link between the TRP and the UE is an active link used for transmitting control information and user data.
receiving, from the TRP, a trigger message for triggering the UE to transmit an aperiodic measurement report with respect to a set of one or more CSI-RS resources of the configured CSI-RS configurations to the TRP;
determining a preferred CSI-RS configuration from the configured CSI-RS configurations;
transmitting, to the TRP, the aperiodic measurement report comprising an identification of the preferred CSI-RS configuration, and
receiving, from the TRP, a control message for scheduling a PDSCH transmission, wherein the first BTPI is included in the control message.
Regarding claim 12, as can be seen in the above comparison, claim 15 of the instant application is anticipated by claim 14 of U.S. Patent No. 11,038,570. Independent claim 12 is thus anticipated by claim 14 of U.S. Patent No. 11,038,570. Regarding claims 13-19, the claims are also anticipated by subject matter in claims 13-24 of U.S. Patent No. 11,038,570.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 12,088,373. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-19 of the instant application are anticipated by claims 1-20 of U.S. Patent No. 12,088,373. Please see the side by side comparison and analysis of independent claims 1 and 12 of the instant application and claims 1 and 11 of U.S. Patent No. 11,038,570 below.
Claim 1 of the Instant Application
Claim 2 of U.S. Patent No. 12,088,373
1. A method performed by a transmission point (TRP) for communicating with a user equipment (UE), the method comprising:
1. A method performed by a transmission point (TRP) for communicating with a user equipment (UE), the method comprising:
transmitting, from the TRP to the UE, a first beam tracking process index (BTPI) associated with a first link between the TRP and the UE.
transmitting, to the UE, a first message comprising multiple channel state reference signal (CSI-RS) configurations and a first beam tracking process index (BTPI) that identifies a first beam tracking process; (moved up from claim 2 to show similarity) 2. The method of claim 1, wherein the first BTPI is associated with a first link between the TRP and the UE, and the first link between the TRP and the UE is an active link used for transmitting control data and/or payload data.
transmitting, to the UE, a trigger message for triggering the UE to transmit to the TRP a measurement report with respect to a set of one or more CSI-RS resources of the CSI-configurations;
receiving, from the UE, an identification of a preferred CSI-RS configuration determined by the UE;
transmitting, to the UE, a control message including the BTPI; and using the BTPI, transmitting data to the UE.
Regarding claim 1, as can be seen in the above comparison, claim 1 of the instant application is anticipated by claim 2 of U.S. Patent No. 12,088,373. Independent claim 1 is thus anticipated by claim 2 of U.S. Patent No. 11,038,570. Regarding claims 2-11, the claims are also anticipated by subject matter in claims 1-11 of U.S. Patent No. 12,088,373.
Claim 12 of the Instant Application
Claim 12 of U.S. Patent No. 12,088,373
12. A method performed by a user equipment (UE) communicating with a transmission point (TRP), the method comprising:
11. A method performed by a user equipment (UE) communicating with a transmission point (TRP), the method comprising:
receiving, at the UE from the TRP, a first beam tracking process index (BTPI) associated with a first link between the TRP and the UE.
receiving, from the TRP, a first message comprising multiple channel state reference signal (CSI-RS) configurations and a first beam tracking process index (BTPI) that identifies a first beam tracking process; (moved up from claim 14 to show similarity) 12. The method of claim 11, wherein the first BTPI is associated with a first link between the TRP and the UE and the first link between the TRP and the UE is an active link used for receiving control data and/or payload data.
receiving, from the TRP, a trigger message for triggering the UE to transmit to the TRP a measurement report with respect to a set of one or more CSI-RS resources of the CSI-configurations;
determining a preferred CSI-RS configuration from the CSI-RS configurations;
transmitting, to the TRP, an identification of the preferred CSI-RS configuration; receiving, from the TRP, a control message including the BTPI; and
using the BTPI, receiving data from the TRP.
Regarding claim 12, as can be seen in the above comparison, claim 12 of the instant application is anticipated by claim 11 of U.S. Patent No. 12,088,373. Independent claim 12 is thus anticipated by claim 12 of U.S. Patent No. 12,088,373. Regarding claims 13-19, the claims are also anticipated by subject matter in claims 12-19 of U.S. Patent No. 12,088,373.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Regarding claim 20, the claim recites “receiving a first message transmitted by the TRP, the first message comprising a certain indicator; after receiving the first message, receiving from the TRP a control message for scheduling a PDSCH transmission for the UE, wherein the certain indicator is included in the control message; after receiving the control message, using the certain indicator determining a spatial filtering configuration associated with the certain indicator.” However, the claim limitation “a certain indicator” is quite broad and could conceivably be many possible different pieces of information. A person having ordinary skill in the art would understand that numerous different indicators may be transmitted to a user equipment (UE) from a transmission point (TRP).Looking to Applicant’s specification for guidance regarding what such a “certain indicator” entails, the term “certain indicator” is only used in paragraphs [0014]-[0015] and [0030] of Applicant’s specification. However, paragraphs [0014]-[0015] and [0030] provide no discussion of what such a “certain indicator” entails. Applicant’s specification also does not provide any examples of the recited “certain indicator.” A person having ordinary skill in the art would thus have to decide what the “certain indicator” is for themselves without any guidance from the specification. A person having ordinary skill in the art would thus also have to devise how such a “certain indicator” is used with regard to the claim language “using the certain indicator determining a spatial filtering configuration associated with the certain indicator.” A person having ordinary skill in the art would thus also have to engage in undue experimentation in order to make or use the claimed invention based on the content of the disclosure. Claim 20 thus contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 14, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 6, the claim recites “transmitting the second BTPI comprises transmitting a second message comprising the second BTPI and one or more CSI-RS configurations.” However, the claim limitation “the second BTPI” lacks antecedent basis and transmission of such a second BTPI is not previously recited in claim 5 from which claim 6 depends. It is therefore unclear if claim 6 or claim 5 is instead intended to depend from claim 3, which provides antecedent basis for the transmission of a second BTPI. Claim 6 is thus indefinite. For the purpose of this examination, the Examiner will interpret claim 6 as written wherein claim 6 depends from claims 1 and 5. Regarding claim 14, the claim recites “the second link between the TRP and the UE is a monitored link.” However, the claim limitation “the second link” lacks antecedent basis. It is therefore unclear if claim 17 was instead intended to depend from claim 18 which provides antecedent basis for a second link, or if the second link in claim 17 is different from the second link recited in claim 18. Claim 17 is thus indefinite. For the purpose of this examination, the Examiner will interpret claim 17 as written wherein claim 17 depends from claims 15 and 16. Regarding claim 20, the claim recites “the certain indicator determining a spatial filtering configuration associated with the certain indicator,” which lacks antecedent basis. It is unclear if “the certain indicator determining a spatial filtering configuration associated with the certain indicator” is intended to somehow refer to “the certain indicator,” if “the certain indicator determining a spatial filtering configuration associated with the certain indicator” contains a typographical error and was instead intended to state some requirement for “determining a spatial filtering configuration,” or if some other interpretation was intended. Claim 20 is thus indefinite. For the purpose of this examination, the Examiner will interpret “the certain indicator determining a spatial filtering configuration associated with the certain indicator” as potentially referring to any of the above discussed interpretations.
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) 1-7 and 12-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kakishima et al. (US 2017/0288758, provided by Applicant, Kakishima hereinafter). Regarding claim 1, Kakishima teaches a method performed by a transmission point (TRP) for communicating with a user equipment (UE) (A base station (TRP) may communicate with a user equipment (UE); Kakishima; Fig. 6; [0049], [0054]-[0056], [0065]), the method comprising: transmitting, from the TRP to the UE, a first beam tracking process index (BTPI) associated with a first link between the TRP and the UE (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Resources over which the UE receives such information may be interpreted as a first link between the base station and the UE. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a first link between the TRP and the UE. The base station (i.e., TRP) may thus be interpreted as transmitting a first BTPI associated with a first link between the TRP and the UE to the UE; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 2, Kakishima teaches the limitations of claim 1. Kakishima further teaches the first link between the TRP and the UE is an active link (Resources over which the UE receives configuration information may be interpreted as a first link between the base station and the UE that is an active link; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 3, Kakishima teaches the limitations of claim 1. Kakishima further teaches transmitting, from the TRP to the UE, a second BTPI associated with a second link between the TRP and the UE (The base station (i.e., TRP) may indicate multiple CSI processes, which each include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a second link characterized by the CSI-RS resource configuration information. At least paragraph [0061] for instance mentions the use (i.e., indication) of two different CSI processes. The indication of multiple CSI processes and thus multiple CSI-RS resource configurations may be reasonably interpreted as comprising the indication of a second BTPI associated with a second link characterized by the CSI-RS resource configuration; Kakishima; [0049], [0054]-[0056], [0061], [0065]). Regarding claim 4, Kakishima teaches the limitations of claim 3. Kakishima further teaches the second link between the TRP and the UE is a monitored link (A second link characterized by the CSI-RS resource configuration information wherein the UE performs channel measurements (i.e., monitoring) of the second link based on the CSI-RS configuration information may be interpreted as a monitored link; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 5, Kakishima teaches the limitations of claim 1. Kakishima further teaches transmitting the first BTPI comprises transmitting a message comprising the first BTPI and one or more channel state reference signal (CSI-RS) configurations (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a first link between the TRP and the UE. Such a transmission may thus be reasonably interpreted as comprising both the first BTPI and one or more CSI-RS configurations; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 6, Kakishima teaches the limitations of claim 5. Kakishima further teaches transmitting the second BTPI comprises transmitting a second message comprising the second BTPI and one or more CSI-RS configurations (The base station (i.e., TRP) may indicate multiple CSI processes, which each include CSI-RS resource configuration information. The indication of multiple CSI processes (and thus a second BTPI) may be reasonably interpreted as being performed using multiple messages (and thus a second message for the second BTPI); Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 7, Kakishima teaches the limitations of claim 1. Kakishima further teaches transmitting, from the TRP to the UE, a message comprising a CSI-RS configuration and the first BTPI associated with the first link (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a first link between the TRP and the UE. Such a transmission may thus be reasonably interpreted as comprising both the first BTPI and one or more CSI-RS configurations; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 12, Kakishima teaches a method performed by a user equipment (UE) communicating with a transmission point (TRP) (A user equipment (UE) may communicate with a base station (TRP); Kakishima; Fig. 6; [0049], [0054]-[0056], [0065]), the method comprising: receiving, at the UE from the TRP, a first beam tracking process index, BTPI, associated with a first link between the TRP and the UE (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a first link between the TRP and the UE. The UE may thus be reasonably interpreted as receiving a first BTPI associated with a first link between the TRP and the UE from the TRP; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 13, Kakishima teaches the limitations of claim 12. Kakishima further teaches the first link between the TRP and the UE is an active link (Resources over which the UE receives configuration information may be interpreted as a first link between the base station and the UE that is an active link; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 14, Kakishima teaches the limitations of claim 13. Kakishima further teaches the second link between the TRP and the UE is a monitored link (A second link characterized by the CSI-RS resource configuration information wherein the UE performs channel measurements (i.e., monitoring) of the second link based on the CSI-RS configuration information may be interpreted as a monitored link; Kakishima; [0049], [0054]-[0056], [0065]). Regarding claim 15, Kakishima teaches the limitations of claim 12. Kakishima further teaches receiving, at the UE from the TRP, a second BTPI associated with a second link between the TRP and the UE (The base station (i.e., TRP) may indicate multiple CSI processes, which each include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a second link characterized by the CSI-RS resource configuration information. At least paragraph [0061] for instance mentions the use (i.e., indication) of two different CSI processes. The indication of multiple CSI processes and thus multiple CSI-RS resource configurations may be reasonably interpreted as comprising the indication of a second BTPI associated with a second link characterized by the CSI-RS resource configuration; Kakishima; [0049], [0054]-[0056], [0061], [0065]). Regarding claim 16, Kakishima teaches the limitations of claim 15. Kakishima further teaches the first BTPI is received in a message with one or more channel state reference signal, CSI-RS, configurations for the first link (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a first link between the TRP and the UE. Such a transmission may thus be reasonably interpreted as comprising both the first BTPI and one or more CSI-RS configurations; Kakishima; [0049], [0054]-[0056], [0065]) and the second BTPI is received in a message with one or more CSI-RS configurations for the second link (The base station (i.e., TRP) may indicate multiple CSI processes, which each include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a second link characterized by the CSI-RS resource configuration information. At least paragraph [0061] for instance mentions the use (i.e., indication) of two different CSI processes. The indication of multiple CSI processes and thus multiple CSI-RS resource configurations may be reasonably interpreted as comprising the indication of a second BTPI associated with a second link characterized by the CSI-RS resource configuration; Kakishima; [0049], [0054]-[0056], [0061], [0065]). Regarding claim 17, Kakishima teaches the limitations of claim 16. Kakishima further teaches determining a preferred CSI-RS configuration for the first link (As can be seen for instance in at least Figs. 11-12c, the UE may use the received CSI-RS configuration information corresponding to the first link to calculate channel state feedback information such as RI, PMI, and CQI corresponding to received CSI-RS. Such channel state feedback information may be reasonably interpreted as a preferred CSI-RS configuration for the first link; Kakishima; Figs. 11-12c; [0059]-[0061]); and transmitting, from the UE to the TRP, an identification of the preferred CSI-RS configuration for the first link (The calculated channel state feedback information such as RI, PMI, and CQI (i.e., an identification of the preferred CSI-RS configuration for the first link) may be transmitted to the base station; Kakishima; Figs. 11-12c; [0059]-[0061]). Regarding claim 18, Kakishima teaches the limitations of claim 16. Kakishima further teaches determining, based at least in part on the one or more CSI-RS configurations for the first link (CSI-RS resource configuration information corresponding to a CSI process may be comprised of multiple CSI-RS resources, which may be reasonably interpreted as one or more CSI-RS configurations for the first link; Kakishima; [0049], [0054]-[0056], [0065]), a set of one or more UE receive beam parameters for the first link (As can be seen for instance in at least Figs. 11-12c, the UE may use the received CSI-RS configuration information corresponding to the first link to calculate channel state feedback information such as RI, PMI, and CQI corresponding to received CSI-RS. Such channel state feedback information may be reasonably interpreted as a set of one or more UE receive beam parameters for the first link; Kakishima; Figs. 11-12c; [0059]-[0061]); and storing, in a memory of the UE and together with the first BTPI, the one or more UE receive beam parameters for the first link (The UE may be comprised of a memory device (such as RAM). Any information possessed by the UE may be interpreted as being present in some form of memory (such as RAM). Because the first BTPI may be reasonably interpreted as being used to calculated the channel state feedback information (i.e., the one or more UE receive beam parameters), such information may be interpreted as being stored in memory together; Kakishima; Figs. 11-12c; [0034], [0049], [0054]-[0056], [0059]-[0061], [0065]). Regarding claim 19, Kakishima teaches the limitations of claim 12. Kakishima further teaches receiving, at the UE from the TRP, a message comprising a CSI-RS configuration and the first BTPI associated with the first link (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. Without any information regarding what a “beam tracking process index” entails, an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a beam tracking process index associated with a first link between the TRP and the UE. Such a transmission may thus be reasonably interpreted as comprising both the first BTPI and one or more CSI-RS configurations; Kakishima; [0049], [0054]-[0056], [0065]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 8-11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kakishima et al. (US 2017/0288758, provided by Applicant, Kakishima hereinafter) in view of Guo et al. (US 2018/0092129, provided by Applicant, Guo hereinafter, full support for the cited portions exists in at least provisional application No. 62/413,781). Regarding claim 8, Kakishima teaches the limitations of claim 1. Kakishima further teaches transmitting the first BTPI to the UE comprises transmitting to the UE control message for scheduling a PDSCH transmission (The CSI-RS resource configuration related parameters may include parameters related to PDSCH transmission such as PDSCH transmission power. Such parameters may be interpreted as being related to scheduling a PDSCH transmission and thus as a control message for scheduling a PDSCH transmission; Kakishima; [0049], [0054]-[0056], [0065]), wherein the first BTPI is included in the control message (The CSI process/index of the CSI-RS resource configuration (i.e., the first BTPI) is also included with the CSI-RS resource configuration related parameters; Kakishima; [0049], [0054]-[0056], [0065]). However, Kakishima does not specifically disclose the method further comprises, prior to transmitting the control message to the UE, transmitting to the UE a trigger message for triggering the UE to perform reference signal, RS, measurements with respect to a set of one or more RS resources. Guo teaches the method further comprises, prior to transmitting the control message to the UE, transmitting to the UE a trigger message for triggering the UE to perform reference signal, RS, measurements with respect to a set of one or more RS resources (The TRP may transmit multiple DCI comprising CSI-RS resource index information in order to trigger measurement reporting. Without further information regarding what constitutes a “beam tracking process index,” such a CSI-RS resource index used to perform beam state measurements may be reasonably interpreted as a beam tracking process index. Any of such multiple DCI transmitted prior to a later transmission of such DCI may be interpreted as a trigger message transmitted to the UE for triggering the UE to perform reference signal measurements with respect to a set of one or more RS resources that is transmitted prior to a control message (i.e., the later transmission of the DCI); Guo; Fig. 20; [0329]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Guo regarding CSI-RS resource configuration with the teachings as in Kakishima regarding CSI-RS resource configuration. The motivation for doing so would have been to increase performance by providing a flexible CSI-RS resource configuration framework for beam management and/or channel state information estimation (Guo; [0003]-[0004]). Regarding claim 9, Kakishima and Guo teach the limitations of claim 8. Guo further teaches the trigger message comprises the first BTPI (The TRP may transmit multiple DCI comprising CSI-RS resource index information in order to trigger measurement reporting. Without further information regarding what constitutes a “beam tracking process index,” such a CSI-RS resource index used to perform beam state measurements may be reasonably interpreted as a beam tracking process index. Any of such multiple DCI transmitted prior to a later transmission of such DCI may be interpreted as a trigger message transmitted to the UE that comprises the CSI-RS resource index (i.e., the first BTPI); Guo; Fig. 20; [0329]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Guo regarding CSI-RS resource configuration with the teachings as in Kakishima regarding CSI-RS resource configuration. The motivation for doing so would have been to increase performance by providing a flexible CSI-RS resource configuration framework for beam management and/or channel state information estimation (Guo; [0003]-[0004]). Regarding claim 10, Kakishima and Guo teach the limitations of claim 8. Guo further teaches after transmitting the trigger message to the UE and before transmitting the control message to the UE, transmitting to the UE a message comprising the BTPI (The TRP may transmit a first DCI and multiple DCI comprising CSI-RS resource index information in order to trigger measurement reporting. Without further information regarding what constitutes a “beam tracking process index,” such a CSI-RS resource index used to perform beam state measurements may be reasonably interpreted as a beam tracking process index. The first DCI (which doesn’t have CSI-RS resource index information and thus the BTPI is not included) may be interpreted as a trigger message that does not have the BTPI that is transmitted to the UE before the control message (i.e., a later second DCI). A later second DCI comprising the CSI-RS resource index information that is transmitted after at least one earlier second DCI may be reasonably interpreted as a control message, and one of the second DCI comprising the CSI-RS resource index information that is transmitted prior to the second DCI interpreted as the control message may thus also be interpreted as a message comprising the BTPI; Guo; Fig. 20; [0329]), wherein the BTPI is not included in the trigger message (The first DCI (which doesn’t have CSI-RS resource index information and thus the BTPI is not included) may be interpreted as a trigger message that does not have the BTPI that is transmitted to the UE before the control message (i.e., a later second DCI). A later second DCI comprising the CSI-RS resource index information that is transmitted after at least one earlier second DCI may be reasonably interpreted as a control message, and one of the second DCI comprising the CSI-RS resource index information that is transmitted prior to the second DCI interpreted as the control message may thus also be interpreted as a message comprising the BTPI. Such a message may also be interpreted as not being included in the trigger message; Guo; Fig. 20; [0329]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Guo regarding CSI-RS resource configuration with the teachings as in Kakishima regarding CSI-RS resource configuration. The motivation for doing so would have been to increase performance by providing a flexible CSI-RS resource configuration framework for beam management and/or channel state information estimation (Guo; [0003]-[0004]). Regarding claim 11, Kakishima and Guo teach the limitations of claim 8. Kakishima further teaches the trigger message is a report trigger message for triggering the UE to transmit at least one measurement report after performing the RS measurements (The TRP may transmit multiple DCI comprising CSI-RS resource index information in order to trigger measurement reporting. Any of such multiple DCI transmitted prior to a later transmission of such DCI may be interpreted as a report trigger message for triggering the UE to transmit at least one measurement report after performing the RS measurements; Guo; Fig. 20; [0329]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Guo regarding CSI-RS resource configuration with the teachings as in Kakishima regarding CSI-RS resource configuration. The motivation for doing so would have been to increase performance by providing a flexible CSI-RS resource configuration framework for beam management and/or channel state information estimation (Guo; [0003]-[0004]). Regarding claim 20, Guo teaches a method performed by a user equipment (UE) communicating with a transmission point (TRP) (A user equipment (UE) may communicate with a base station (TRP); Kakishima; Fig. 6; [0049], [0054]-[0056], [0065]), the method comprising: receiving from the TRP a control message for scheduling a PDSCH transmission for the UE, wherein the certain indicator is included in the control message (The base station (i.e., TRP) may indicate antenna configuration information using CSI processes, which include CSI-RS resource configuration information. Such CSI-RS resource configuration information may include an index of the CSI-RS resource configuration. At least an indication of a CSI process as well as an index of the CSI-RS resource configuration may each be interpreted individually or collectively as a certain indicator. The CSI-RS resource configuration related parameters may include parameters related to PDSCH transmission such as PDSCH transmission power. Such parameters may be interpreted as being related to scheduling a PDSCH transmission and thus as a control message for scheduling a PDSCH transmission. The UE may thus be interpreted as receiving a control message for scheduling a PDSCH transmission for the UE, wherein the certain indicator is included in the control message; Kakishima; [0049], [0054]-[0056], [0065]); after receiving the control message, using the certain indicator determining a spatial filtering configuration associated with the certain indicator (The CSI-RS resource configuration information is described as being used in order to determine beam information (i.e., a spatial filtering configuration). Spatial filtering configuration determined using CSI-RS resource configuration information may be interpreted as being associated with the CSI-RS resource configuration information; Kakishima; [0028], [0033], [0049], [0054]-[0056], [0065]); and after determining the spatial filtering configuration, using the spatial filtering configuration to receive the PDSCH transmission (The UE may be interpreted as using the determined beam information (i.e., spatial filtering configuration) to receive the PDSCH transmission; Kakishima; [0028], [0033], [0049], [0054]-[0056], [0065]). However, Kakishima does not specifically disclose prior to receiving the control message, receiving a first message transmitted by the TRP, the first message comprising a certain indicator. Guo teaches prior to receiving the control message including the certain indicator, receiving a first message transmitted by the TRP, the first message comprising a certain indicator (The TRP may transmit a first DCI (i.e., a first message) that configures the transmission of one or more CSI-RS resources and multiple DCI comprising CSI-RS resource index information. The TRP may then transmit a second DCI (i.e., the control message) indicating CSI-RS resource index to configure the UE to perform measurement reporting on a subset or all configured CSI-RS resources indicated in the first DCI. The UE may thus be interpreted as receiving a first message transmitted by the TRP, the first message comprising a certain indicator prior to receiving the control message including the certain indicator; Guo; Fig. 20; [0329]); Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Guo regarding CSI-RS resource configuration with the teachings as in Kakishima regarding CSI-RS resource configuration. The motivation for doing so would have been to increase performance by providing a flexible CSI-RS resource configuration framework for beam management and/or channel state information estimation (Guo; [0003]-[0004]).
Conclusion
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/ERIC MYERS/Primary Examiner, Art Unit 2474
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