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 11/23/2024 and 08/18/2025 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 8, 11-13 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oppo ("Discussion on Multi-beam Operation Enhancements”, 3GPP TSG RAN WG1 #98, R1-1908352, Prague, CZ, August 26-30, 2019).
Regarding claim 1, Oppo discloses one or more non-transitory computer-readable media having instructions that, when executed, cause processing circuitry (within user equipment UE) to: determine a characteristic for a power headroom (PHR) element related to PHR (power back off); and generate the PHR element for transmission, the PHR element including an indication of a beam (CRI or SSBRI) and the characteristic (page 7, “… Reporting power header room per reported CRI or SSBRI along the beam reporting can be considered. For SRS transmission for beam sweeping, we can consider asking the UE to report the information of power back-off for each SRS resource ...”).
Regarding claim 2, Oppo discloses the one or more non-transitory computer-readable media of claim 1, wherein the indication of the beam includes a beam index of the beam (page 7, CRI or SSBRI report).
Regarding claim 3, Oppo discloses the one or more non-transitory computer-readable media of claim 2, wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 7, CRI or SSBRI report).
Regarding claim 5, Oppo discloses the one or more non-transitory computer-readable media of claim 1, wherein the PHR element further includes an indication of a PHR (page 7).
Regarding claim 8, Oppo discloses the one or more non-transitory computer-readable media of claim 1, wherein the characteristic includes a layer 1 reference signal received power (L1-RSRP) (page 7).
Regarding claim 11, Oppo discloses a method comprising: determining that a power headroom (PHR) report is to be generated for a beam; and generate the PHR report for transmission, the PHR report including an indication of the beam (page 7, “… Reporting power header room per reported CRI or SSBRI along the beam reporting can be considered. For SRS transmission for beam sweeping, we can consider asking the UE to report the information of power back-off for each SRS resource ...”).
Regarding claim 12, Oppo discloses the method of claim 11, where the indication of the beam includes a beam index (page 7, CRI or SSBRI report).
Regarding claim 13, Oppo discloses the method of claim 12, wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 7, CRI or SSBRI report).
Regarding claim 16, Oppo discloses the method of claim 11, wherein the PHR report further includes a layer 1 reference signal received power (L1-RSRP) indication (page 7).
Regarding claim 17, Oppo discloses an apparatus comprising: processing circuitry (inherently within the user equipment (UE)) to: determine that a power headroom (PHR) element is to be generated based at least in part on a beam; and generate the PHR element for transmission, the PHR element including a beam index of the beam; and interface circuitry (within the UE) coupled with the processing circuitry, the interface circuitry to communicatively couple the processing circuitry with a component of a device (page 7, “… Reporting power header room per reported CRI or SSBRI along the beam reporting can be considered. For SRS transmission for beam sweeping, we can consider asking the UE to report the information of power back-off for each SRS resource ...”).
Regarding claim 18, Oppo discloses the apparatus of claim 17, wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 7, CRI or SSBRI report).
Claim(s) 1-9 and 11-20 rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZTE ("Enhancement on FR2 MPE mitigation", 3GPP TSG RAN WG4 Meeting #93, R4-1913920, Reno, US, November 18-22, 2019).
Regarding claim 1, ZTE discloses one or more non-transitory computer-readable media having instructions that, when executed, cause processing circuitry (within user equipment UE) to: determine a characteristic for a power headroom (PHR) element related to PHR (maximum power reduction P-MPR); and generate the PHR element for transmission, the PHR element including an indication of a beam (beam-specific) and the characteristic (pages 1-3, Proposal 1).
Regarding claim 2, ZTE discloses the one or more non-transitory computer-readable media of claim 1, wherein the indication of the beam includes a beam index of the beam (pages 1-2, Proposal 1, beam index implicitly discloses as part of CRI/SSBRI report).
Regarding claim 3, ZTE discloses the one or more non-transitory computer-readable media of claim 2, wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 2).
Regarding claim 4, ZTE discloses the one or more non-transitory computer-readable media of claim 1, wherein the characteristic includes a maximum power transmission (P_cmax) (page 2).
Regarding claim 5, ZTE discloses the one or more non-transitory computer-readable media of claim 1, wherein the PHR element further includes an indication of a PHR (pages 1-2).
Regarding claim 6, ZTE discloses the one or more non-transitory computer-readable media of claim 5, wherein the indication of the PHR includes an indication of a virtual PHR (page 2).
Regarding claim 7, ZTE discloses the one or more non-transitory computer-readable media of claim 6, wherein the virtual PHR is determined based at least in part on a maximum power transmission (P_cmax) and a maximum power reduction (P_MPR) (page 2).
Regarding claim 8, ZTE discloses the one or more non-transitory computer-readable media of claim 1, wherein the characteristic includes a layer 1 reference signal received power (L1-RSRP) (pages 1-2, Proposal 1, L1-RSRP implicitly discloses as part of CRI/SSBRI or UL power control parameter set report).
Regarding claim 9, ZTE discloses the one or more non-transitory computer-readable media of claim 8, wherein the PHR element further includes a maximum power transmission (P_cmax), a maximum power reduction (P_MPR), and a closed loop power control factor (pages 1-2).
Regarding claim 11, ZTE discloses a method comprising: determining that a power headroom (PHR) report is to be generated for a beam (maximum power reduction P-MPR); and generate the PHR report for transmission, the PHR report including an indication of the beam (pages 1-3, Proposal 1).
Regarding claim 12, ZTE discloses the method of claim 11, where the indication of the beam includes a beam index (pages 1-2, Proposal 1, beam index implicitly discloses as part of CRI/SSBRI report).
Regarding claim 13, ZTE discloses the method of claim 12, wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 2).
Regarding claim 14, ZTE discloses the method of claim 11, wherein the PHR report further includes a maximum power transmission (P_cmax) indication (pages 1-2).
Regarding claim 15, ZTE discloses the method of claim 11, wherein the PHR report further includes an indication of a virtual PHR (page 2).
Regarding claim 16, ZTE discloses the method of claim 11, wherein the PHR report further includes a layer 1 reference signal received power (L1-RSRP) indication (pages 1-2, Proposal 1, L1-RSRP implicitly discloses as part of CRI/SSBRI or UL power control parameter set report).
Regarding claim 17, ZTE discloses an apparatus(user equipment (UE)) comprising: processing circuitry (inherently within the UE)to: determine that a power headroom (PHR) element is to be generated based at least in part on a beam (beam-specific PHR); and generate the PHR element for transmission, the PHR element including a beam index of the beam (pages 1-2, Proposal 1, beam index implicitly discloses as part of CRI/SSBRI report); and interface circuitry (within the UE) coupled with the processing circuitry, the interface circuitry to communicatively couple the processing circuitry with a component of a device (pages 1-3, Proposal 1).
Regarding claim 18, ZTE discloses the apparatus of claim 17, wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 2).
Regarding claim 19, ZTE discloses the apparatus of claim 17, wherein the PHR element includes a maximum power transmission (P_cmax) (pages 1-2).
Regarding claim 20, ZTE discloses the apparatus of claim 17, wherein the PHR element includes an indication of a virtual PHR that is determined based at least in part on a maximum power transmission (P_cmax) and a maximum power reduction (P_MPR) (pages 1-2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 10 is rejected under 35 U.S.C. 103 as being unpatentable over ZTE in view of Jung et al. (US 2019/0081753 A1).
Regarding claim 10, ZTE discloses the one or more non-transitory computer-readable media of claim 1 above. ZTE does not explicitly disclose wherein the PHR element includes a PHR medium access control (MAC) control element. However, Jung et al. disclose a PHR element includes a PHR medium access control (MAC) control element (paragraphs [0102] and [0103]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the PHR MAC control element Jung et al. to the PHR element of ZTE for providing fast and low-overhead signaling of UE available transmit power.
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, 2, 4-9, 11, 12, 14-17, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 6, 8 and 9 of U.S. Patent No. 12,096,377. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 2, 4-9, 11, 12, 14-17, 19 and 20 of the present application are either anticipated or being obvious over claims 1, 2, 4, 6, 8 and 9 of U.S. Patent No. 12,096,377.
Regarding claim 1, claim 1 of U.S. Patent No. 12,096,377 encompasses one or more non-transitory computer-readable media having instructions that, when executed, cause processing circuitry to: determine a characteristic for a power headroom (PHR) element related to PHR; and generate the PHR element for transmission, the PHR element including an indication of a beam and the characteristic.
Regarding claim 2, claim 1 of U.S. Patent No. 12,096,377 encompasses wherein the indication of the beam includes a beam index of the beam.
Regarding claim 4, claim 2 of U.S. Patent No. 12,096,377 encompasses wherein the characteristic includes a maximum power transmission (P_cmax).
Regarding claim 5, claim 1 of U.S. Patent No. 12,096,377 encompasses wherein the PHR element further includes an indication of a PHR.
Regarding claim 6, claim 1 of U.S. Patent No. 12,096,377 encompasses wherein the indication of the PHR includes an indication of a virtual PHR.
Regarding claim 7, claim 4 of U.S. Patent No. 12,096,377 encompasses wherein the virtual PHR is determined based at least in part on a maximum power transmission (P_cmax) and a maximum power reduction (P_MPR).
Regarding claim 8, claim 1 of U.S. Patent No. 12,096,377 encompasses wherein the characteristic includes a layer 1 reference signal received power (L1-RSRP).
Regarding claim 9, claim 6 of U.S. Patent No. 12,096,377 encompasses wherein the PHR element further includes a maximum power transmission (P_cmax), a maximum power reduction (P_MPR), and a closed loop power control factor.
Regarding claim 11, claim 1 of U.S. Patent No. 12,096,377 encompasses a method comprising: determining that a power headroom (PHR) report is to be generated for a beam; and generate the PHR report for transmission, the PHR report including an indication of the beam.
Regarding claim 12, claim 1 of U.S. Patent No. 12,096,377 encompasses where the indication of the beam includes a beam index.
Regarding claim 14, claim 2 of U.S. Patent No. 12,096,377 encompasses wherein the PHR report further includes a maximum power transmission (P_cmax) indication.
Regarding claim 15, claim 1 of U.S. Patent No. 12,096,377 encompasses wherein the PHR report further includes an indication of a virtual PHR.
Regarding claim 16, claim 1 of U.S. Patent No. 12,096,377 encompasses wherein the PHR report further includes a layer 1 reference signal received power (L1-RSRP) indication.
Regarding claim 17, claim 8 of U.S. Patent No. 12,096,377 encompasses an apparatus comprising: processing circuitry to: determine that a power headroom (PHR) element is to be generated based at least in part on a beam; and generate the PHR element for transmission, the PHR element including a beam index of the beam; and interface circuitry coupled with the processing circuitry, the interface circuitry to communicatively couple the processing circuitry with a component of a device.
Regarding claim 19, claim 9 of U.S. Patent No. 12,096,377 encompasses wherein the PHR element includes a maximum power transmission (P_cmax).
Regarding claim 20, claim 9 of U.S. Patent No. 12,096,377 encompasses wherein the PHR element includes an indication of a virtual PHR that is determined based at least in part on a maximum power transmission (P_cmax) and a maximum power reduction (P_MPR).
Claims 3, 13 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No. 12,096,377 in view of Oppo ("Discussion on Multi-beam Operation Enhancements”, 3GPP TSG RAN WG1 #98, R1-1908352, Prague, CZ, August 26-30, 2019).
Regarding claims 3, 13 and 18 of the present application, claims 1 and 8 of U.S. Patent No. 12,096,377 encompass claims 2, 12 and 17 of the present application, respectively above. Claims 1 and 8 of U.S. Patent No. 12,096,377 do not disclose wherein the beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI). However, Oppo discloses a beam index includes a synchronization signal block resource index (SSBRI) or a channel state information-reference signal resource index (CRI) (page 7, “… Reporting power header room per reported CRI or SSBRI along the beam reporting can be considered …). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the beam index includes SSBRI or CRI of Oppo to the PHR element of claims 1 and 8 of Patent No. 12,096,377as a system design preference for reporting the beam index.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,096,377 in view of Jung et al. (US 2019/0081753 A1).
Regarding claim 10 of the present application, claim 1 of U.S. Patent No. 12,096,377 encompass claim 1 of the present application. Claim 1 of U.S. Patent No. 12,096,377 does not disclose wherein the PHR element includes a PHR medium access control (MAC) control element. However, Jung et al. disclose a PHR element includes a PHR medium access control (MAC) control element (paragraphs [0102] and [0103]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the PHR MAC control element Jung et al. to the PHR element of ZTE for providing fast and low-overhead signaling of UE available transmit power.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 2019/0053170 A1) disclose a method involves triggering a power headroom reporting (PHR) when a timer i.e. PHR prohibit timer, expires or is expired and a status of multiple bandwidth parts or multiple beams, which are to be used by a user equipment (UE), is changed; the triggered PHR is transmitted to a network. One of multiple bandwidth parts is activated, or deactivated, or configured when a medium access control (MAC) entity for a serving cell comprises uplink (UL) resources for transmission.
Zhang et al. (US 10,264,568 B2) teach a beam configuration method which includes: sending initial beam index information of an initial beam, allocated for user equipment, of a millimeter wave band to the user equipment; receiving a radio resource management (RRM) measurement report from the user equipment, where the RRM measurement report is obtained after the user equipment performs RRM measurement on the initial beam that is indicated by the initial beam index information; and determining, according to the RRM measurement report, the initial beam index information that is used for communication with the user equipment.
Akkarakaran et al. (US 10,972,987 B2) disclose user equipment (UE) transmits a power headroom report in response to changing beamforming parameters; the UE autonomously changse beamforming parameters from a preconfigured set of beams or receive a command to change beamforming parameters for transmissions on a new beam; the UE determines a power headroom applicable to a transmission from the UE on the new beam; the UE transmits, in response to the command, a power headroom report based on the power headroom using resources configured for the power headroom report; the power headroom report is transmitted as a physical layer transmission or as a MAC-CE transmission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F.
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/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
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