DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claims 1-7, 10-14 and 16-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yuan et al. (US 2024/0414735 A1, hereinafter “Yuan”)
Regarding claims 1, 10 and 16, Yuan teaches a user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory (figs. 6-9) and is configured to cause the UE to:
receive a medium access control (MAC) control element (CE) activating
at least one Transmission Configuration Indication (TCI) codepoint with two
downlink (DL) or joint TCI states (figs. 3-5, ¶ [0107], the network entity 105-c may transmit, to the UE 115-b, a TCI activation message. The TCI activation message may activate a subset of one or more unified TCIs (e.g., as one or more unified TCI codepoints) of the TCI list configured at the UE 115-b. The TCI activation message may indicate a mapping between unified TCI codepoints and one or more unified TCI states with different TCI types, The TCI activation message may be included in control signaling, such as a MAC-CE, an RRC, or other types of control signaling. ¶ [0108]);
and receive a downlink control information (DCI) indicating one TCI codepoint being activated with two DL or joint TCI states if multiple TCI codepoints are activated with DL or joint TCI states (if multiple TCI codepoints are not activated with DL or joint TCI states, receiving “a downlink control information (DCI) indicating one TCI codepoint being activated with two DL or joint TCI states” need to be performed. See Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016)).
Regarding claim 11, Yuan teaches a base unit for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory (figs. 1-5, where it is implicit that the network entity includes at least one processor couple with at least one memory) and configured to cause the base unit to:
transmit a medium access control (MAC) control element (CE) activating at least one Transmission Configuration Indication (TCI) codepoint with two downlink (DL) or joint TCI states (figs. 3-5, ¶ [0107], the network entity 105-c may transmit, to the UE 115-b, a TCI activation message. The TCI activation message may activate a subset of one or more unified TCIs (e.g., as one or more unified TCI codepoints) of the TCI list configured at the UE 115-b. The TCI activation message may indicate a mapping between unified TCI codepoints and one or more unified TCI states with different TCI types, The TCI activation message may be included in control signaling, such as a MAC-CE, an RRC, or other types of control signaling. ¶ [0108]); and
transmit a downlink control information (DCI) indicating one TCI codepoint being activated with two DL or joint TCI states if multiple TCI codepoints are activated with DL or joint TCI states (if multiple TCI codepoints are not activated with DL or joint TCI states, receiving “a downlink control information (DCI) indicating one TCI codepoint being activated with two DL or joint TCI states” need to be performed. See Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016)).
Regarding claims 2 and 17, Yuan teaches the UE of claim 1, wherein the at least processor is further configured to cause the UE to: determine, for physical downlink control channel (PDCCH) reception, one or both of a first TCI state and a second TCI state of the two DL or joint TCI states activated to the only one activated TCI codepoint or the indicated one TCI codepoint (¶ [0129], the UE 115-d may select one or more default unified TCI states for reception of the downlink messages based on the downlink control message and an mTRP operation. For example, in some cases, the UE 115-d may select two default unified TCI states from a selected unified TCI codepoint. ¶ [0130], the UE 115-d may select a single default unified TCI state from the selected unified TCI codepoint. The selection may be based on the selected unified TCI codepoint including a single downlink applicable TCI state, irrespective of whether the UE 115-d is enabled for two default TCI states, the UE 115-d being enabled for a single default TCI state, irrespective of whether the selected unified TCI codepoint comprises at least two downlink applicable TCI states, the single default unified TCI state being a first downlink applicable TCI state of the selected unified TCI codepoint ).
Regarding claims 3 and 18, Yuan teaches the UE of claim 2, wherein the at least one processor is further configured to cause the UE to determine the one or both of the first TCI state and the second TCI state from a CORESET depending based on a CORESET ID of the CORESET for the PDCCH reception or based on search space(s)spaces associated with the CORESET (¶ [0130], at least one CORESET being associated with a CORESET pool index, the UE 115-d being enabled for a default TCI state per CORESET pool index (e.g., the downlink control message being associated with the CORESET pool index), or any combination thereof. ¶ [0132]).
Regarding claim 4, Yuan teaches the UE of claim 3, wherein, if a system frame number (SFN) scheme is configured in a bandwidth part (BWP) of a cell,
for CORESET with index 0, a configured higher layer parameter in the CORESET with
index 0 indicates the first TCI state or the second TCI state or both the first TCI state and the second TCI state are applied to a demodulation reference signal (DMRS) port of PDCCH from the CORESET with index 0, and if no higher layer parameter is configured to indicate the TCI state for PDCCH from the CORESET with index 0, a second MAC CE indicates one or two DL TCI states for the CORESET with index 0, and if the second MAC CE is not received, the synchronization signal block (SSB) obtained from the a latest random access procedure is applied to the DMRS port of PDCCH from the CORESET with index 0;
for a first CORESET with index other than 0 associated only with UE specific search
space (USS) and/or Type3-PDCCH common search space (CSS) sets, both the first TCI state and the second TCI state are applied to the DMRS port of the PDCCH from the first CORESET with index other than 0;
for a second CORESET with index other than 0 associated only with CSS other than
Type3-PDCCH CSS sets, the first TCI state or both the first TCI state and the second TCI state are applied to the DMRS port of the PDCCH from the second CORESET with index other than 0; and
for a third CORESET with index other than 0 associated with both USS and/or Type3-
PDCCH CSS sets and CSS other than Type3-PDCCH CSS sets, both the first TCI state and the second TCI state are applied to the PDCCH in USS and/or Type3- PDCCH CSS sets from the third CORESET with index other than 0 and the first TCI state is applied to the PDCCH in CSS other than Type3-PDCCH CSS sets from the third CORESET with index other than 0, or both the first TCI state and the second TCI state are applied to the PDCCH in USS and/or Type3-PDCCH CSS sets from the third CORESET with index other than 0 and a configured higher layer parameter indicates the first TCI state or the second TCI state or both the first TCI state and the second TCI state are applied to DMRS port of PDCCH in CSS other than Type3-PDCCH CSS sets from the third CORESET with index other than 0, or a configured higher layer parameter for the third CORESET with index other than 0 indicates the first TCI state or the second TCI state or both the first TCI state and the second TCI state are applied to DMRS port of PDCCH from the third CORESET with index other than 0 (if SFN scheme is not configured in a BWP of a cell, then the rest of limitations need not be performed. See Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016)).
Regarding claim 5, Yuan teaches the UE of claim 3, wherein, if a system frame number (SFN) scheme is not configured in a bandwidth part (BWP) of a cell,
for CORESET with index 0, a configured higher layer parameter for the CORESET with
index 0 indicates the first TCI state or the second TCI state is applied to a demodulation reference signal (DMRS) port of PDCCH from the CORESET with
index 0, and if no higher layer parameter is configured to indicate the TCI state for PDCCH from the CORESET with index 0, a second MAC CE indicates one DL TCI state for the CORESET with index 0, and if the second MAC CE is not received, the SSB obtained from the latest random access procedure is applied to the DMRS port of PDCCH from the CORESET with index 0;
for a first CORESET with index other than 0 associated only with a UE specific search
space (USS) and/or Type3-PDCCH common search space (CSS) sets, the first TCI state is applied to the DMRS port of the PDCCH from the first CORESET with index other than 0, or a configured higher layer parameter indicates the first TCI state or the second TCI state is applied to the DMRS port of the PDCCH from the first CORESET with index other than 0;
for a second CORESET with index other than 0 associated only with CSS other than
Type3-PDCCH CSS sets, a configured higher layer parameter for the second CORESET indicates the first TCI state or the second TCI state is applied to the DMRS port of the PDCCH from the second CORESET with index other than 0, and if no higher layer parameter is configured to indicate the TCI state for PDCCH from the second CORESET with index other than 0, a second MAC CE indicates one DL TCI state for the second CORESET with index other than 0; and
for a third CORESET with index other than 0 associated with both USS and/or Type3-
PDCCH CSS sets and CSS other than Type3-PDCCH CSS sets, the first TCI state is applied to the DMRS port of the PDCCH in USS and/or Type3-PDCCH CSS sets from the third CORESET with index other than 0 and a configured higher layer parameter for the third CORESET indicates the first TCI state or the second TCI state is applied to the DMRS port of the PDCCH in CSS other than Type3-PDCCH CSS sets from the third CORESET with index other than 0, or a configured higher layer parameter for the third CORESET indicates the first TCI state or the second TCI state are applied to PDCCH from the third CORESET with index other than 0 (if SFN scheme is configured in a BWP of a cell, then the rest of limitations need not be performed. See Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016))
Regarding claims 6 and 19, Yuan teaches the UE of claim 1, wherein the at least one processor is further configured to cause the UE to: determine, for a channel state information reference signal (CSI-RS) resource without a configured TCI state or QCL information, one activated TCI state (¶ [0116], ¶ [0118], ¶ [0121]).
Regarding claim 7, Yuan teaches the UE of claim 6, wherein, for an aperiodic CSI-RS resource used for CSI acquisition and beam management, a configured higher layer parameter indicates a first TCI state or a second TCI state of the two DL or joint TCI states activated to the only one TCI codepoint or the indicated one TCI codepoint is applied to the aperiodic CSI-RS resource (¶ [0118], the UE 115-c may select one or more default TCI states for reception of the scheduled downlink messages based on one or more conditions or parameters. For example, for unified TCI in mTRP operation, the PDSCH and/or AP CSI-RS default beam can be based on the selected unified TCIs, which may be consistent with those used by UE-dedicated PDCCH and PDSCH. ¶ [0119], the one or more conditions or parameters may include whether the UE 115-c receives the unified TCI codepoint, the scheduling information, or both, in an sDCI or mDCI based mTRP operation. In some examples of sDCI based mTRP operation and the case that at least one activated unified TCI codepoint (e.g., from the TCI activation message) includes multiple downlink applicable unified TCI states (e.g., two unified TCI states), the UE 115-c may additionally be configured (e.g., by an RRC message, a MAC-CE message, or both) or preconfigured to support multiple (e.g., two) default unified TCI states. When the selected unified TCI codepoint (e.g., in the first set of selected unified TCIs in the unified TCI indication DCI) is mapped to multiple (e.g., two) downlink applicable TCIs (e.g., for dedicated PDCCH and/or PDSCH), such as C0 in Table 1, then the multiple downlink applicable TCIs of the selected TCIs may serve as multiple (e.g., two) default beams (e.g., instead of following the default rule). ¶ [0121]); and if no higher layer parameter is configured to indicate the TCI state for the aperiodic CSI-RS resource, the first TCI state is applied to the aperiodic CSI-RS resource (if higher layer parameter is configured, the first TCI state being applied to the aperiodic CSI-RS resource need not be performed. See Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016)).
Regarding claim 12, Yuan teaches the base unit of claim 11, wherein the at least processor is further configured to cause the UE to: determine, for physical downlink control channel (PDCCH) reception, one or both of a first TCI state and a second TCI state of the two DL or joint TCI states activated to the only one activated TCI codepoint or the indicated one TCI codepoint (¶ [0129], the UE 115-d may select one or more default unified TCI states for reception of the downlink messages based on the downlink control message and an mTRP operation. For example, in some cases, the UE 115-d may select two default unified TCI states from a selected unified TCI codepoint. ¶ [0130], the UE 115-d may select a single default unified TCI state from the selected unified TCI codepoint. The selection may be based on the selected unified TCI codepoint including a single downlink applicable TCI state, irrespective of whether the UE 115-d is enabled for two default TCI states, the UE 115-d being enabled for a single default TCI state, irrespective of whether the selected unified TCI codepoint comprises at least two downlink applicable TCI states, the single default unified TCI state being a first downlink applicable TCI state of the selected unified TCI codepoint ).
Regarding claim 13, Yuan teaches the base unit of claim 12, wherein the at least one processor is further configured to cause the base unit to determine the one or both of the first TCI state and the second TCI state from a CORESET based on a CORESET ID of the CORESET for the PDCCH reception or based on search spaces associated with the CORESET (¶ [0130], at least one CORESET being associated with a CORESET pool index, the UE 115-d being enabled for a default TCI state per CORESET pool index (e.g., the downlink control message being associated with the CORESET pool index), or any combination thereof. ¶ [0132]).
Regarding claim 14, Yuan teaches the base unit of claim 11, wherein the at least one processor is further configured to cause the base unit to determine, for a channel state information reference signal (CSI-RS) resource without a configured TCI state or QCL information, one activated TCI state (¶ [0116], ¶ [0118], ¶ [0121]).
Claim Rejections - 35 USC § 103
5. 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.
6. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
7. 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.
8. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Guo (US 2022/0264324 A1).
Regarding claim 8, Yuan teaches the UE of claim 6.
Yuan does not explicitly teach wherein, for a periodic or a semi-persistent CSI-RS resource without configured or activated TCI state, the activated DL TCI state with the lowest index is applied for the periodic or semi-persistent CSI-RS resource, or the first DL TCI state activated to the lowest TCI codepoint that is activated with at least one DL TCI state is applied to the periodic or semi-persistent CSI-RS resource.
Guo teaches for a periodic or a semi-persistent CSI-RS resource without configured or activated TCI state, the activated DL TCI state with the lowest index is applied for the periodic or semi-persistent CSI-RS resource, or the first DL TCI state activated to the lowest TCI codepoint that is activated with at least one DL TCI state is applied to the periodic or semi-persistent CSI-RS resource (¶ [0060], the UE assumes that the QCL assumption for the periodic CSI-RS resource is provided by an activated TCI-state with a lowest ID among TCI-states activated for a PDSCH transmission in the active BWP of the serving cell; the UE assumes that the QCL assumption for the periodic CSI-RS resource is provided by the activated TCI-state corresponding to a lowest TCI codepoint among the TCI-states activated for the PDSCH transmission in the active BWP of the serving cell).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to apply, for a periodic or a semi-persistent CSI-RS resource without configured or activated TCI state, the activated DL TCI state with the lowest index or the first DL TCI state activated to the lowest TCI codepoint that is activated with at least one DL TCI state in the system of Yuan. The motivation for doing this is a matter of design choice (¶ [0060] of Guo).
Allowable Subject Matter
9. Claims 9, 15 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
10. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 9 and 20, prior art of record fails to teach or suggest “ wherein the at least one processor is further configured to cause the UE to: transmit a capability on whether the indicated TCI state can be applied for CORESET with index 0 when a system frame number (SFN) scheme is configured” in combination with limitations specified in the base claims.
Regarding claim 15, prior art of record fails to teach or suggest “ wherein the at least one processor is further configured to cause the base unit to receive a capability on whether the indicated TCI state can be applied for a CORESET with index 0 when a system frame number (SFN) scheme is configured” in combination with limitations specified in the base claims.
Double Patenting
11. 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.
12. Claim 1-5, 10-13, and 16-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-5, 7-13, 15 of copending Application No. 18/837,092 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 1, 10 and 16, the claim 1 or 8 of refence application teaches
a user equipment (UE) for wireless communication, comprising:
at least one memory; and at least one processor coupled with the at least one memory and is configured to cause the UE to:
receive a medium access control (MAC) control element (CE) activating
at least one Transmission Configuration Indication (TCI) codepoint with two
downlink (DL) or joint TCI states; and
receive a downlink control information (DCI) indicating one TCI
codepoint being activated with two DL or joint TCI states if multiple TCI codepoints
are activated with DL or joint TCI states.
Claims 1, 10 and 16 merely broadens the scope of the claim 1 or 8 of the reference application by removing limitations.
Regarding claim 11, claim 9 of the reference application teaches a base unit for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the base unit to:
transmit a medium access control (MAC) control element (CE)
activating at least one Transmission Configuration Indication (TCI) codepoint with
two downlink (DL) or joint TCI states; and
transmit a downlink control information (DCI) indicating one TCI
codepoint being activated with two DL or joint TCI states if multiple TCI codepoints
are activated with DL or joint TCI states.
Claim 11 merely broadens the scope of the claim 9 of the reference application by removing limitations.
Regarding claims 2, 12 and 17, claim 2 or 10 of the reference application teaches wherein the at least processor is further configured to cause the UE to: determine, for physical downlink control channel (PDCCH) reception, one or both of a first TCI state and a second TCI state of the two DL or joint TCI states activated to the only one activated TCI codepoint or the indicated one TCI codepoint.
Regarding claims 3, 13 and 18, claims 2-4 or 11-13 of the reference application teaches wherein the at least one processor is further configured to cause the UE to determine the one or both of the first TCI state and the second TCI state from a CORESET depending based on a CORESET ID of the CORESET for the PDCCH reception or based on search space(s)spaces associated with the CORESET.
Regarding claim 4, claims 3-5, 7 or 11-13, 15 of the reference application teaches the UE of claim 3, wherein, if a system frame number (SFN) scheme is configured in a bandwidth part (BWP) of a cell,
for CORESET with index 0, a configured higher layer parameter in the CORESET with
index 0 indicates the first TCI state or the second TCI state or both the first TCI state and the second TCI state are applied to a demodulation reference signal (DMRS) port of PDCCH from the CORESET with index 0, and if no higher layer parameter is configured to indicate the TCI state for PDCCH from the CORESET with index 0, a second MAC CE indicates one or two DL TCI states for the CORESET with index 0, and if the second MAC CE is not received, the synchronization signal block (SSB) obtained from the a latest random access procedure is applied to the DMRS port of PDCCH from the CORESET with index 0;
for a first CORESET with index other than 0 associated only with UE specific search
space (USS) and/or Type3-PDCCH common search space (CSS) sets, both the first TCI state and the second TCI state are applied to the DMRS port of the PDCCH from the first CORESET with index other than 0;
for a second CORESET with index other than 0 associated only with CSS other than
Type3- PDCCH CSS sets, the first TCI state or both the first TCI state and the second TCI state are applied to the DMRS port of the PDCCH from the second CORESET with index other than 0; and
for a third CORESET with index other than 0 associated with both USS and/or Type3-
PDCCH CSS sets and CSS other than Type3-PDCCH CSS sets, both the first TCI state and the second TCI state are applied to the PDCCH in USS and/or Type3- PDCCH CSS sets from the third CORESET with index other than 0 and the first TCI state is applied to the PDCCH in CSS other than Type3-PDCCH CSS sets from the third CORESET with index other than 0, or both the first TCI state and the second TCI state are applied to the PDCCH in USS and/or Type3-PDCCH CSS sets from the third CORESET with index other than 0 and a configured higher layer parameter indicates the first TCI state or the second TCI state or both the first TCI state and the second TCI state are applied to DMRS port of PDCCH in CSS other than Type3-PDCCH CSS sets from the third CORESET with index other than 0, or a configured higher layer parameter for the third CORESET with index other than 0 indicates the
first TCI state or the second TCI state or both the first TCI state and the second TCI
state are applied to DMRS port of PDCCH from the third CORESET with index other
than 0.
Regarding claim 5, claims 3-5, 7 or 11-13, 15 of the reference application teaches wherein, if a system frame number (SFN) scheme is not configured in a bandwidth part (BWP) of a cell,
for CORESET with index 0, a configured higher layer parameter for the CORESET with
index 0 indicates the first TCI state or the second TCI state is applied to a
demodulation reference signal (DMRS) port of PDCCH from the CORESET with
index 0, and if no higher layer parameter is configured to indicate the TCI state for PDCCH from the CORESET with index 0, a second MAC CE indicates one DL TCI state for the CORESET with index 0, and if the second MAC CE is not received, the SSB obtained from the latest random access procedure is applied to the DMRS port of PDCCH from the CORESET with index 0;
for a first CORESET with index other than 0 associated only with a UE specific search
space (USS) and/or Type3-PDCCH common search space (CSS) sets, the first TCI state is applied to the DMRS port of the PDCCH from the first CORESET with index other than 0, or a configured higher layer parameter indicates the first TCI state or the second TCI state is applied to the DMRS port of the PDCCH from the first CORESET with index other than 0;
for a second CORESET with index other than 0 associated only with CSS other than
Type3- PDCCH CSS sets, a configured higher layer parameter for the second CORESET indicates the first TCI state or the second TCI state is applied to the DMRS port of the PDCCH from the second CORESET with index other than 0, and if no higher layer parameter is configured to indicate the TCI state for PDCCH from the second CORESET with index other than 0, a second MAC CE indicates one DL TCI state for the second CORESET with index other than 0; and
for a third CORESET with index other than 0 associated with both USS and/or Type3-
PDCCH CSS sets and CSS other than Type3-PDCCH CSS sets, the first TCI state is applied to the DMRS port of the PDCCH in USS and/or Type3-PDCCH CSS sets from the third CORESET with index other than 0 and a configured higher layer parameter for the third CORESET indicates the first TCI state or the second TCI state is applied to the DMRS port of the PDCCH in CSS other than Type3-PDCCH CSS sets from the third CORESET with index other than 0, or a configured higher layer parameter for the third CORESET indicates the first TCI state or the second TCI state are applied to PDCCH from the third CORESET with index other than 0.
13. Claim 1, 10, 11, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 16, 19 and 20 of copending Application No. 18/730,761 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 1, 10 and 16, claims 1 or 16 or 19 of the reference application teaches a user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and is configured to cause the UE to: receive a medium access control (MAC) control element (CE) activating at least one Transmission Configuration Indication (TCI) codepoint with two downlink (DL) or joint TCI states; and receive a downlink control information (DCI) indicating one TCI codepoint being activated with two DL or joint TCI states if multiple TCI codepoints are activated with DL or joint TCI states.
Regarding claim 11, claim 20 of the refence application teaches a base unit for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the base unit to:
transmit a medium access control (MAC) control element (CE) activating at least one Transmission Configuration Indication (TCI) codepoint with two downlink (DL) or joint TCI states; and transmit a downlink control information (DCI) indicating one TCI
codepoint being activated with two DL or joint TCI states if multiple TCI codepoints
are activated with DL or joint TCI states.
14. Claim 1, 10, 11, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 8, 15 and 20 of copending Application No. 18/723,347 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 1, 10 and 16, claim 1 or 15 or 20 of the reference application teaches a user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and is configured to cause the UE to: receive a medium access control (MAC) control element (CE) activating at least one Transmission Configuration Indication (TCI) codepoint with two downlink (DL) or joint TCI states; and receive a downlink control information (DCI) indicating one TCI codepoint being activated with two DL or joint TCI states if multiple TCI codepoints are activated with DL or joint TCI states.
Claims 1, 10 and 16 merely broadens the scope of the claim 1 or 15 or 20 of the reference application by removing limitations.
Regarding claim 11, claim 8 of the refence application teaches a base unit for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the base unit to:
transmit a medium access control (MAC) control element (CE) activating at least one Transmission Configuration Indication (TCI) codepoint with two downlink (DL) or joint TCI states; and transmit a downlink control information (DCI) indicating one TCI
codepoint being activated with two DL or joint TCI states if multiple TCI codepoints
are activated with DL or joint TCI states.
Claim 11 merely broadens the scope of the claim 8 of the reference application by removing limitations.
Conclusion
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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