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 .
This application has been examined.
Claims 1-35 were originally filed and in a preliminary amendment claims 19-28, 30-31, and 33-35 were cancelled. Claims 1-18, 29, and 32 remain pending and are ready for examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 29 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a “computer program product comprising a computer readable medium” and the broadest reasonable interpretation of a
claim drawn to a computer readable medium (also called machine readable medium and other
such variations) typically covers forms of non-transitory tangible media (or non-transitory
media) and transitory propagating signals per se in view of the ordinary and customary meaning
of computer readable media. See MPEP §2111.01. When the broadest reasonable interpretation
of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering
non-statutory subject matter. To overcome the rejection the claim can be amended to recite:
“non-transitory”, “computer usable memory”, or “computer usable storage memory”, “computer
readable memory”, “computer readable device”, (i.e. any variations thereof, where “media” or “medium” is replaced by “device” or “memory”) or adding “wherein the medium is not a
signal”.
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) 1-10, 13-18, 29, and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (US Patent Application Publication 2021/0037482; hereinafter Shin).
Regarding claim 1 Shin discloses a method performed by a base station for determining a power headroom target for transmission by a wireless device in a primary cell of a cell group, the method comprising: evaluating whether the wireless device will use a secondary cell of the cell group for data transmission (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0153; wherein, for power distribution including determining the power headroom for each cell, the base station evaluates cell quality as well as data size; wherein in the specification a first cell and a primary cell are interchangeable as per paragraphs 0052-0053); and determining the power headroom target based on the result of the evaluating (paragraphs 0132-0133, 0139, 0153-0156, 0161, 0166-0168; wherein target power is determined for each cell, in a specified order).
Regarding claim 2 Shin discloses the method of claim 1, wherein whether the wireless device will use a secondary cell of the cell group for data transmission is evaluated based on one or both (please note that the claim comprises conditional language “one or both” thus only one of conditions (i) or (ii) is needed to meet the claim) of: (i) Radio Frequency conditions on the primary cell (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0153; wherein, for power distribution including determining the power headroom for each cell, the base station evaluates cell quality as well as data size); and (ii) an indication of an amount of data to be transferred by the wireless device (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0153; wherein, for power distribution including determining the power headroom for each cell, the base station evaluates cell quality as well as data size).
Regarding claim 3 Shin discloses the method of claim 2, wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises one or both (please note that the claim comprises conditional language “one or both” thus only one of conditions (i) or (ii) is needed to meet the claim) of: comparing the Radio Frequency conditions on the primary cell to one or more threshold values; and comparing the indication of the amount of data to one or more threshold values (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0148, 0153; base station may preferentially consider required power in the order of cells having the better uplink channel quality among cells in M cell groups; may determine the allocation order based on the type of an uplink channel; may determine a cell-specific priority metric based on whether a cell group of a corresponding cell is LTE or NR, or whether an uplink channel of a corresponding cell is an NR PUCCH or an NR PUSCH, and may determine the allocation order for all cells according to the priority metrics of all cells; data size twice as large).
Regarding claim 4 Shin discloses the method of claim 2, wherein the Radio Frequency conditions on the primary cell comprises one or more (please note that the claim comprises conditional language “one or more” thus only one of the conditions is needed to meet the claim) of: a signal quality measurement on the primary cell; a Signal to Interference and Noise ratio, SINR, on the primary cell; and a Reference Signal Received Power, RSRP, on the primary cell (paragraph 0132; uplink channel quality (e.g., the signal strength, the interference ratio, and whether multiple paths are acquired)).
Regarding claim 5 Shin discloses the method of claim 2, wherein the indication of amount of data to be transferred by the wireless device is determined based on one or more (please note that the claim comprises conditional language “one or more” thus only one of the conditions is needed to meet the claim) of: a buffer report for the wireless device; a Buffer Status report, BSR, reported by the wireless device; one or more service specific attributes; a timer measuring time elapsed since a downlink transmission to the wireless device; a triggering criterion for Discontinuous Reception, DRX, inactivity; and a DRX inactivity timer (paragraphs 0072, 0118, 0120; buffer status report).
Regarding claim 6 Shin discloses the method of claim 5, wherein the one or more service specific attributes is one or more of: a type of service, data latency on the primary cell, a target bit rate and a required bit rate (please note that based on the conditional language of claim 5, “specific attributes” are not required in the claim; paragraph 0073; communication service of the cell).
Regarding claim 7 Shin discloses the method of claim 1, wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises: responsive to determining that a signal quality measurement for the primary cell is greater than a first threshold value, evaluating that the wireless device will use a secondary cell of the cell group for data transmission (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0148, 0153; wherein channel quality is used to determine the possibility of communication using multiple cells of each cell group).
Regarding claim 8 Shin discloses the method of claim 1, wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises: responsive to determining that a signal quality measurement for the primary cell is less than a second threshold value, evaluating that the wireless device will not use a secondary cell of the cell group for data transmission (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0148, 0153; wherein channel quality is used to determine the possibility of communication using multiple cells of each cell group).
Regarding claim 9 Shin discloses the method of claim 1, wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises: responsive to determining that an amount of data to be transferred by the wireless device is greater than a third threshold value, evaluating that the wireless device will use a secondary cell of the cell group for data transmission (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0148, 0153; wherein data size and allocation is used to determine the possibility of communication using multiple cells of each cell group).
Regarding claim 10 Shin discloses the method of claim 1, wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises: responsive to determining that an amount of data to be transferred by the wireless device is less than a fourth threshold value, evaluating that the wireless device will not use a secondary cell of the cell group for data transmission (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0148, 0153; wherein data size and allocation is used to determine the possibility of communication using multiple cells of each cell group).
Regarding claim 13 Shin discloses the method of claim 1, wherein determining the power headroom target comprises: responsive to evaluating that the wireless device will not use a secondary cell of the cell group for data transmission, setting the power headroom target to zero (paragraphs 0069-0072, 0109-0112, for example; wherein a power of “0” can be allocated according to the ordered scheduled or priority of each cell).
Regarding claim 14 Shin discloses the method of claim 1, wherein determining the power headroom target comprises: responsive to evaluating that the wireless device will not use a secondary cell of the cell group for data transmission, reducing the power headroom target from a current value of the power headroom target, or setting the power headroom target to zero to prevent reservation of power for a secondary cell (paragraphs 0069-0072, 0109-0112, for example; wherein power may be dynamically allocated to each cell according to the ordered scheduled or priority of each cell).
Regarding claim 15 Shin discloses the method of claim 1, wherein determining the power headroom target comprises: responsive to evaluating that the wireless device will not use a secondary cell of the cell group for data transmission, setting the power headroom target to a first value, wherein the first value is lower than a second value for use when it is evaluated that the wireless device will use a secondary cell of the cell group for data transmission (paragraphs 0069-0072, 0109-0112, for example; wherein power may be dynamically allocated to each cell according to the ordered scheduled or priority of each cell).
Regarding claim 16 Shin discloses the method of claim 1, the method further comprising, prior to evaluating: receiving, from the wireless device, an indication of a first power headroom associated with the primary cell (paragraphs 0119, 0142, 0163; power headroom reported by the terminal device for each cell/cell group).
Regarding claim 17 Shin discloses the method of claim 16, the method further comprising, after determining the power headroom target: comparing the first power headroom and the power headroom target; and determining whether to adjust a transmission power of the primary cell based on the comparison (paragraphs 0142-0168; wherein the power is dynamically adjusted in accordance to priorities/ordered preferences).
Regarding claim 18 Shin discloses the method of claim 17, wherein the step of determining whether to adjust a transmission power of the primary cell based on the comparison comprises: responsive to the comparison indicating that the first power headroom is the same as the power headroom target, determining not to adjust the transmission power of the primary cell (paragraphs 0069-0072, 0109-0112, 0142-0168; wherein the power is dynamically adjusted in accordance to priorities/ordered preferences).
Regarding claim 29 Shin discloses a computer program product comprising a computer readable medium having computer readable code embodied therein, the computer readable code being configured such that, on execution by a suitable computer or processor, the computer or processor is caused to perform the method of claim 1 (paragraph 0200; the methods are implemented by software, a computer-readable storage medium for storing one or more programs (software modules) may be provided. The one or more programs stored in the computer-readable storage medium may be configured for execution by one or more processors within the electronic device. The at least one program may include instructions that cause the electronic device to perform the methods according to various embodiments of the disclosure as defined by the appended claims and/or disclosed herein).
Regarding claim 32 Shin discloses a base station configured for determining a power headroom target for transmission by a wireless device in a primary cell of a cell group, the base station comprises a processor and a memory (controller 1007, storage 1005 in fig 10), said memory containing instructions executable by said processor whereby said base station is operative to: evaluate whether the wireless device will use a secondary cell of the cell group for data transmission (paragraphs 0070-0074, 0118, 0132-0133, 0139, 0153; wherein, for power distribution including determining the power headroom for each cell, the base station evaluates cell quality as well as data size; wherein in the specification a first cell and a primary cell are interchangeable as per paragraphs 0052-0053); and determine the power headroom target based on the result of the evaluating (paragraphs 0132-0133, 0139, 0153-0156, 0161, 0166-0168; wherein target power is determined for each cell, in a specified order).
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Tsuboi et al. (US Patent Application Publication 2024/0163953; hereinafter Tsuboi).
Regarding claim 11 Shin discloses the method of claim 1 (please note that the claim comprises conditional language “one or more” thus only one of the conditions is needed to meet the claim). Shin fails to explicitly disclose but Tsuboi, in the same field of endeavor related to power control, discloses wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises: responsive to determining that a Discontinuous Reception, DRX, inactivity timer for the wireless device has not expired, evaluating that the wireless device will use a secondary cell of the cell group for data transmission (paragraphs 0110, 0339-0345; wherein DRX timers determine whether a PCell or an SCell will be active and perform monitoring). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Shin with the teachings of Tsuboi, in order to increase efficiency (Tsuboi: paragraph 0010).
Regarding claim 12 Shin discloses the method of claim 1 (please note that the claim comprises conditional language “one or more” thus only one of the conditions is needed to meet the claim). Shin fails to explicitly disclose but Tsuboi, in the same field of endeavor related to power control, discloses wherein evaluating whether the wireless device will use a secondary cell of the cell group for data transmission comprises: responsive to determining that a Discontinuous Reception, DRX, inactivity timer for the wireless device has expired, evaluating that the wireless device will not use a secondary cell of the cell group for data transmission (paragraphs 0110, 0339-0345; wherein DRX timers determine whether a PCell or an SCell will be active and perform monitoring). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Shin with the teachings of Tsuboi, in order to increase efficiency (Tsuboi: paragraph 0010).
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication 2012/0224552 to Feuersanger et al. – which discloses methods for informing an eNodeB on the transmit power status of a user equipment in a mobile communication system using component carrier (CC) aggregation.
US Patent Application Publication 223/0379842 to Inoue et al. – that discloses a terminal apparatus configured with a first cell group and a second cell group includes a processing unit configured to trigger a PHR, and a transmitter configured to transmit the triggered PHR to a base station apparatus. The PHR is triggered by the processing unit, based on activation of the second cell group.
Conclusion
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/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
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