Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The claims filed on 10/16/2024 are entered and acknowledge. Claims 1-27 are currently pending in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 11/11/2024, 12/11/2024, 12/12/2024, 3/5/2025, 8/7/2025, 10/28/2025, 2/10/2026, 6/17/2026, and 9/18/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being 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 claims at issue 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 reference 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-27 rejected on the ground of nonstatutory double patenting as being unpatentable over the claims 1-33 of U.S. Patent No(s). 12,114,369 and 1-57 of U.S. Patent No(s). 11,792,2859 and 1-60 of U.S. Patent No(s). 11,252,762. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the listed patent(s) with obvious wording variations.
It would have been obvious to a person of ordinary skill was made to modify and/or to omit the additional elements of claims 1-27 of the instant application to arrive at the claims 1-33 of U.S. Patent No(s). 12,114,369 and 1-57 of U.S. Patent No(s). 11,792,2859 and 1-60 of U.S. Patent No(s). 11,252,762 because the ordinary skilled person would have realized that the remaining element(s) would perform the same functions as before. "Omission and/or addition of elements and its function in combination is obvious expedient if the remaining elements perform same functions as before. See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, US Court of Customs and patent Appeals.
This is a non-provisional double patenting rejection since the claims directed to the same invention have in fact been patented.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
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(a) 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.
Claims 1-27 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Jang et al. Pub. No.: (US 2022/0078771 A1) hereinafter (“Jang”), in view of Nazar et al. Pat. No.: (US 10,904895 B2) (hereinafter “Nazar”).
With respect to claim 1: Jang discloses a method comprising: receiving by a wireless device:
a first value for a first time alignment timer (TAT) associated with a primary cell group (starting a first TAT of a first group including a primary cell [0009-0010]. TAT if the group including the PCell is referred to a PTAG TAT [0055]. TAT values being set to the PTAG [0058-0059], [0092]); and
a second value for a second TAT associated with a secondary cell group (starting a second TAT on a second group not including the primary cell [0009-0010]. TAT of the group including no PCell is referred to as STAG TAT [0055]. TAT values being set to the STAG [0058-0059], [0092]);
transmitting, by the wireless device while the second TAT is expired and the first TAT is running, information for at least one activated cell of the secondary cell group (determining if the expired TAT belongs to the PTAG or STAG, if it belongs to the STAG, then the UE spends uplink data transmission in the PTAG [0093-0095], [0097-0099]. Therefore, if it is determined that the expired TAT belongs to the STAG, then the PTAG is running).
However, Jang does not explicitly disclose transmitting, by the wireless device while the second TAT is expired and the first TAT is running, channel state information for at least one activated cell of the secondary cell group;
Nazar discloses transmitting, channel state information for at least one activated cell of the secondary cell group (transmitting CSI reports to the serving cell and transmitting the CSI report or a portion of the CSI report on a different resource when the TAT applicable to a serving cell is expired [Col 25 lines 1-25], Claim 1 and Claim 9]);
Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Jang in view of Nazar in order to transmit the CSI while the second TAT is expired;
One of ordinary skill in the art would have been motivated because it would improve the UL coverage of the new CSI structure [Nazar: Col 36 lines 49-55].
With respect to claim 2: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising clearing, based on the first TAT expiring at least one Hybrid Automatic Repeat Request (HARQ) buffer associated with a cell of the primary cell group or associated with a cell of the secondary cell group (UE discards all the data in the HARQ buffer after TAT expires [0078]).
With respect to claim 3: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising transmitting, while the second TAT is expired and the first TAT is running, at least one of: a Hybrid Automatic Repeat Request (HARQ) positive acknowledgement corresponding to at least one transport block received via at least one cell of the secondary cell group or a HARQ negative acknowledgement corresponding to at least one transport block received via at least one cell of the secondary cell group (if the expired TAT belongs to the STAG, then the delivery of the HARQ Ack/NACK information is delivered in the PTAG [0093-0095], [0097-0099]).
With respect to claim 4: Jang-Nazar discloses the method of claim 1 as set forth above.
However, Jang does not explicitly disclose wherein the transmitting the channel state information uses at least one of: a physical uplink control channel of a primary cell; or uplink control information feedback in a transport block transmitted via a shared data channel of an uplink carrier;
Nazar discloses wherein the transmitting the channel state information uses at least one of: a physical uplink control channel of a primary cell; or uplink control information feedback in a transport block transmitted via a shared data channel of an uplink carrier (the CSI may be transmitted in the PUCCH [Col 27 lines 16-34], [Col 32 lines 21-27], [Col 34 lines 23-29]);
Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Jang in view of Nazar in order to transmit the channel state information in a physical uplink control channel of a primary cell;
One of ordinary skill in the art would have been motivated because it would improve the UL coverage of the new CSI structure [Nazar: Col 36 lines 49-55].
With respect to claim 5: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising performing, by the wireless device and based on the first TAT expiring, uplink transmission of at least one random access preamble via a cell of the primary cell group or via a cell of the secondary cell group (requesting the UE to transmit a random access preamble through a certain cell [0060-0061], [0106]).
With respect to claim 6: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising performing, by the wireless device and while the second TAT is expired and the first TAT is running, uplink transmission of at least one random access preamble via a cell of the secondary cell group (requesting the UE to transmit a random access preamble through a certain cell of the STAG [0060-0061], [0106]).
With respect to claim 7: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising receiving, by the wireless device, configuration parameters associated with a plurality of cells, wherein the plurality of cells comprises the primary cell group and the secondary cell group (the UE receives RRC message carrying the carrier configuration for aggregation, TAG configuration, and TAT values of the respective TAGs [0092] [0097], [0101], and wherein:
uplink transmission timing associated with the primary cell group is based on a first cell of the primary cell group (uplink timing for the PCell (first cell) and SCell are categorized into groups [0054]); and
uplink transmission timing associated with the secondary cell group is based on a second cell of the secondary cell group (uplink timing for the PCell and SCell are categorized into groups [0054]).
With respect to claim 8: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising clearing, by the wireless device and while the second TAT is expired and the first TAT is running, at least one Hybrid Automatic Repeat Request (HARQ) buffer associated with the at least one activated cell of the secondary cell group (flushing all HARQ buffers for all serving cell in the PTAG and the STAG [0078], [Claim 3]. As disclosed above, a scenario may be a TAT of the STAG being expired and the PTAG running).
With respect to claim 9: Jang-Nazar discloses the method of claim 1 as set forth above.
Jang discloses further comprising transmitting, by the wireless device, while the second TAT is expired and the first TAT is running, and for the at least one activated cell of the secondary cell group, a Hybrid Automatic Repeat Request (HARQ) (maintaining the delivery of HARQ when the TAT of the STAG TAT is expired [0062-0065], [0090-0095]).
With respect to claims 10-18, they do not teach or further define over the limitations in claims 1-9, respectively. Therefore claims 10-18 are rejected for the same reasons as set forth in claims 1-9.
With respect to claims 19-27, they do not teach or further define over the limitations in claims 1-9, respectively. Therefore claims 19-27 are rejected for the same reasons as set forth in claims 1-9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Anderson et al. Pub. No.: (US 2013/0163532 A1). The subject matter disclosed therein is pertinent to that of claims 1-27 (e.g., Method implemented in a node base station).
Pelletier et al. Pub. No.: (US 2012/0300715 A1). The subject matter disclosed therein is pertinent to that of claims 1-27 (e.g., Method and apparatus for obtaining uplink timing alignment on a secondary cell).
Terry et al. Pub. No.: (US 2011/0002281 A1). The subject matter disclosed therein is pertinent to that of claims 1-27 (e.g., Discontinuous reception for carrier aggregation).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO DUC DUONG whose telephone number is (571)272-2350. The examiner can normally be reached on M-F 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached on (571)272-7952. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. D./
Examiner, Art Unit 2446
/MICHAEL A KELLER/Primary Patent Examiner, Art Unit 2418
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