DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present U.S. non-provisional application is being examined under the first-inventor-to-file provisions of the AIA . The present U.S. non-provisional application, filed on October 2, 2024, is the U.S. national stage of an international PCT application, filed on May 16, 2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 2, 2024 was filed before the mailing of a first Office action in the present U.S. non-provisional application, in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Allowable Subject Matter
Claims 9, 10, 20, 21 and 26 would be considered as allowable if rewritten into independent form to include all of the limitations of the respective base claim and any intervening claims, and if made to overcome the rejections under 35 U.S.C. 112 set forth in this Office action. The claimed invention is neither anticipated by the prior art of record, nor considered as obvious in view thereof to a person having ordinary skill in the art.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraph of 35 U.S.C. 102 that forms the basis for all anticipation rejections set forth in this Office action:
(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.
Claims 1-3, 11-14, 22, 23 and 27-29 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Zhu et al. (US 2022/0132517 A1).
1. An apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured (Zhu, FIG. 3) to:
receive a radio resource control (RRC) configuration of a first set of reference signals for beam failure detection (BFD) (Zhu, paras. [0129], [0134], “The UE could be first higher layer configured by the network (e.g., via higher layer RRC signaling) a set/list/pool of Ntot_q0 BFD RSs (and therefore, the corresponding Ntot_q0 SSB indexes or periodic 1-port CSI-RS resource configuration indexes). The UE could receive from the network one or more MAC CE activation/subselection commands/bitmaps to update one or more BFD RSs (or equivalently, one or more SSB indexes or one or more periodic 1-port CSI-RS resource configuration indexes) for one or more BFD RS beam sets…” emphasis added.);
receive a medium access control-control element (MAC-CE) indicating a second set of reference signals for the BFD (Zhu, paras. [0129], [0134], “The UE could be first higher layer configured by the network (e.g., via higher layer RRC signaling) a set/list/pool of Ntot_q0 BFD RSs (and therefore, the corresponding Ntot_q0 SSB indexes or periodic 1-port CSI-RS resource configuration indexes). The UE could receive from the network one or more MAC CE activation/subselection commands/bitmaps to update one or more BFD RSs (or equivalently, one or more SSB indexes or one or more periodic 1-port CSI-RS resource configuration indexes) for one or more BFD RS beam sets…” emphasis added. Id.); and
perform the BFD for at least one of multiple transmission reception points (TRPs) using the first set of reference signals or the second set of reference signals based on a condition having been met (Zhu, paras. [0129], [0134], “…The UE could start to monitor the (TRP-specific) BFD RSs explicitly configured following Option-0 or/and Option-1 or/and Option-2 for detecting/triggering the TRP-specific/partial BFR in a multi-TRP system as soon as they are configured by the network, e.g., via higher layer (RRC) or/and MAC CE or/and DCI based signaling. Optionally, the MAC CE activation/subselection command/bitmap could include/contain/incorporate/comprise/indicate the set index/ID of the NBI RS beam set associated with the BFD RS beam set k. Alternatively, the UE could start to monitor the (TRP-specific) BFD RSs explicitly configured following Option-0 or/and Option-1 or/and Option-2 for detecting/triggering the TRP-specific/partial BFR in a multi-TRP system as soon as the multi-TRP operation is activated by the network, e.g., via higher layer (RRC) or/and MAC CE or/and DCI based signaling.” emphasis added. Id.)
2. The apparatus of claim 1, wherein the first set of reference signals and the second set of reference signals for the BFD are indicated from a common pool of BFD reference signals (Zhu, paras. [0129], [0134], Id.)
3. The apparatus of claim 1, wherein the at least one processor is further configured to: receive a first indication to use the first set of reference signals from the RRC configuration or a second indication to use the second set of reference signals indicated in the MAC-CE, wherein the condition is based on reception of the first indication or the second indication (Zhu, paras. [0129], [0134], Id.)
11. The apparatus of claim 1, further include at least one transceiver coupled to the at least one processor and configured to receive the RRC configuration and the MAC-CE (Zhu, FIG. 3, Id.)
12. A method of wireless communication at a user equipment (UE), comprising:
receiving a radio resource control (RRC) configuration of a first set of reference signals for beam failure detection (BFD) (Zhu, paras. [0129], [0134], Id.);
receiving a medium access control-control element (MAC-CE) indicating a second set of reference signals for the BFD (Zhu, paras. [0129], [0134], Id.); and
performing the BFD for at least one of multiple transmission reception points (TRPs) using the first set of reference signals or the second set of reference signals based on a condition having been met (Zhu, paras. [0129], [0134], Id. cf. Claim 1).
13. The method of claim 12, wherein the first set of reference signals and the second set of reference signals for the BFD are indicated from a common pool of BFD reference signals (Zhu, paras. [0129], [0134], Id. cf. Claim 2).
14. The method of claim 12, further comprising: receiving a first indication to use the first set of reference signals from the RRC configuration or a second indication to use the second set of reference signals indicated in the MAC-CE, wherein the condition is based on reception of the first indication or the second indication (Zhu, paras. [0129], [0134], Id. cf. Claim 3).
22. An apparatus for wireless communication at a network node, comprising: a memory; and at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured (Zhu, FIG. 2) to:
output for transmission a radio resource control (RRC) configuration of a first set of reference signals for beam failure detection (BFD) (Zhu, paras. [0129], [0134], Id.);
output for transmission a medium access control-control element (MAC-CE) indicating a second set of reference signals for the BFD (Zhu, paras. [0129], [0134], Id.); and
receive a beam failure recovery (BFR) request for at least one of multiple transmission reception points (TRPs) based on the first set of reference signals or the second set of reference signals based on a condition having been met (Zhu, paras. [0129], [0134], Id. cf. Claim 1).
23. The apparatus of claim 22, wherein the first set of reference signals for the BFD and the second set of reference signals for the BFD are indicated from a common pool of BFD RSs (Zhu, paras. [0129], [0134], Id. cf. Claim 2), the at least one processor being further configured to: output for transmission a first indication to use the first set of reference signals from the RRC configuration or a second indication to use the second set of reference signals indicated in the MAC-CE, wherein the condition is based on reception of the first indication or the second indication (Zhu, paras. [0129], [0134], Id. cf. Claim 3).
27. The apparatus of claim 22, further including at least one transceiver coupled to the at least one processor (Zhu, FIG. 2, Id. cf. Claim 11).
28. A method of wireless communication at a network node, comprising:
outputting for transmission a radio resource control (RRC) configuration of a first set of reference signals for beam failure detection (BFD) (Zhu, paras. [0129], [0134], Id.);
outputting for transmission a medium access control-control element (MAC-CE) indicating a second set of reference signals for the BFD (Zhu, paras. [0129], [0134], Id.); and
receiving a beam failure recovery (BFR) request for at least one of multiple transmission reception points (TRPs) based on the first set of reference signals or the second set of reference signals based on a condition having been met (Zhu, paras. [0129], [0134], Id. cf. Claim 1).
29. The method of claim 28, further including: outputting for transmission a first indication to use the first set of reference signals from the RRC configuration or a second indication to use the second set of reference signals indicated in the MAC-CE, wherein the condition is based on reception of the first indication or the second indication (Zhu, paras. [0129], [0134], Id. cf. Claim 3).
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.
Claims 4-8, 15-19, 24, 25 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2022/0132517 A1) in view of Go et al. (US 2023/0345568 A1).
4. The apparatus of claim 1, wherein the condition is based on a number of configured reference signals in the RRC configuration for the BFD for each of the multiple TRPs (Go, paras. [0249], [0294], “Alternative 3: If the number of BFD-RSs in a TRP-specific BFD-RS set configured through RRC signaling is less than or equal to N.sub.BFD (the number of BFD-RSs configurable in a BFD-RS set (i.e., monitor/detect/tracking possible)) reported by a terminal as UE capability, the terminal may perform monitor/detect for the corresponding RS(s). If the number of BFD-RSs in a BFD-RS set configured through RRC signaling exceeds N.sub.BFD, a terminal may have to wait for BFD-RS activation by MAC CE signaling without monitoring/detecting the corresponding RSs. And after receiving the activation MAC CE, monitor/detection can be performed on the activated RS(s). […] Here, according to the above proposals 1 to 3, when a terminal is configured with a first BFD set (corresponding to a first TRP) and a second BFD set (corresponding to a second TRP) and when one or more BFD RSs are activated in each of the first BFD RS set and the second BFD RS set by control information for activation or the configuration information, a terminal may assess the radio link quality using the activated one or more BFD RSs.”) The prior art disclosure and suggestions of Go et al. are for reasons of preventing ambiguity in beam failure detection and recovery procedures (Go, paras. [0011], [0012], “In addition, according to an embodiment of the present disclosure, even if a plurality of beam failure detection reference signal sets are configured corresponding to multiple TRPs and one or more reference signals are configured in each set, as one or more specific reference signals used for beam failure detection are activated, ambiguity in an operation of a terminal with respect to the beam failure detection/recovery procedure can be prevented…”) In view of the prior art of record, the claimed invention 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, for reasons of preventing ambiguity in beam failure detection and recovery procedures.
5. The apparatus of claim 4, wherein the at least one processor is further configured to perform the BFD for the multiple TRPs using the first set of reference signals indicated in the RRC configuration in response to the number of the configured reference signals in the first set of reference signals being equal to or less than a threshold number of BFD reference signals for a TRP (Go, paras. [0249], [0294], Id.)
6. The apparatus of claim 5, wherein the threshold number is based on a capability of the UE for a maximum number of measured the BFD reference signals for the TRP (Go, paras. [0249], [0294], Id.)
7. The apparatus of claim 4, wherein the at least one processor is further configured to perform the BFD for the multiple TRPs using the second set of reference signals indicated in the MAC-CE in response to the number of the configured reference signals in the first set of reference signals being greater than a threshold number of BFD reference signals for a TRP (Go, paras. [0249], [0294], Id.)
8. The apparatus of claim 7, wherein the threshold number is based on a capability of the UE for a maximum number of measured the BFD reference signals for the TRP, and the second set of reference signals for the BFD activated by the MAC-CE is less than or equal to the threshold number (Go, paras. [0249], [0294], Id.)
15. The method of claim 12, wherein the condition is based on a number of configured reference signals in the RRC configuration for the BFD for each of the multiple TRPs (Go, paras. [0249], [0294], Id. cf. Claim 4).
16. The method of claim 15, wherein the UE performs the BFD for the multiple TRPs using the first set of reference signals indicated in the RRC configuration in response to the number of the configured reference signals in the first set of reference signals being equal to or less than a threshold number of BFD reference signals for a TRP (Go, paras. [0249], [0294], Id. cf. Claim 5).
17. The method of claim 16, wherein the threshold number is based on a capability of the UE for a maximum number of measured the BFD reference signals for the TRP (Go, paras. [0249], [0294], Id. cf. Claim 6).
18. The method of claim 15, wherein the UE performs the BFD for the multiple TRPs using the second set of reference signals indicated in the MAC-CE in response to the number of the configured reference signals in the first set of reference signals being greater than a threshold number of BFD reference signals for a TRP (Go, paras. [0249], [0294], Id. cf. Claim 7).
19. The method of claim 18, wherein the threshold number is based on a capability of the UE for a maximum number of measured the BFD reference signals for the TRP, and the second set of reference signals for the BFD activated by the MAC-CE is less than or equal to the threshold number (Go, paras. [0249], [0294], Id. cf. Claim 8).
24. The apparatus of claim 22, wherein the condition is based on a number of configured reference signals in the RRC configuration for the BFD for each of the multiple TRPs (Go, paras. [0249], [0294], Id. cf. Claim 4), wherein the BFR request for a TRP of the multiple TRPs is based on the first set of reference signals indicated in the RRC configuration in response to the number of the configured reference signals in the first set of reference signals being equal to or less than a threshold number of BFD reference signals for the TRP (Go, paras. [0249], [0294], Id. cf. Claim 5), or wherein the BFR request for a TRP of the multiple TRPs is based on the second set of reference signals indicated in the MAC-CE in response to the number of the configured reference signals in the first set of reference signals being greater than the threshold number of BFD reference signals for the TRP (Go, paras. [0249], [0294], Id. cf. Claim 7).
25. The apparatus of claim 24, wherein the threshold number is based on a capability of a user equipment (UE) for a maximum number of measured the BFD reference signals for the TRP, and the second set of reference signals for the BFD activated by the MAC-CE is less than or equal to the threshold number (Go, paras. [0249], [0294], Id. cf. Claim 8).
30. The method of claim 28, wherein the condition is based on a number of configured reference signals in the RRC configuration for the BFD for each of the multiple TRPs (Go, paras. [0249], [0294], Id. cf. Claim 4), wherein the BFR request for a TRP of the multiple TRPs is based on the first set of reference signals indicated in the RRC configuration in response to the number of the configured reference signals in the first set of reference signals being equal to or less than a threshold number of BFD reference signals for the TRP (Go, paras. [0249], [0294], Id. cf. Claim 5), or wherein the BFR request for a TRP of the multiple TRPs is based on the second set of reference signals indicated in the MAC-CE in response to the number of the configured reference signals in the first set of reference signals being greater than the threshold number of BFD reference signals for the TRP (Go, paras. [0249], [0294], Id. cf. Claim 7).
Claim Rejections - 35 USC § 112
The following is a quotation of the appropriate paragraph of 35 U.S.C. 112 that forms the basis for all indefiniteness rejections set forth in this Office action:
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-30 are rejected under 35 U.S.C. 112(b) as being indefinite because they fail to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “using the first set of reference signals or the second set of reference signals based on a condition having been met” (ll. 9-11) whereas it is not clear whether “based on a condition having been met” (l. 11) is associated with both the first set of reference signals and the second set of reference signals or associated with only the second set of reference signals. Accordingly, the claim is indefinite because there are multiple plausible claim constructions. Claims 9, 12, 20, 22 and 28 contain similar deficiencies. Claims 2-11, 13-21, 23-27, 29 and 30 are dependent.
Claim 6 recites “the TRP” (l. 2) whereas it is not clear what is relied upon for antecedent basis, whether at least one of multiple TRPs (claim 1, ll. 9-10) or a TRP (claim 5, l. 5). In addition, the claim recites “a maximum number of measured the BFD reference signals” (l. 5) whereas grammatical deficiency renders the claim indefinite because the scope of the claim cannot be determined. Claims 8, 17, 19, 24, 25 and 30 contain similar deficiencies.
Conclusion
The prior art made of record (PTO-1449, PTO-892) and not relied upon is considered pertinent to the subject matter of the present U.S. non-provisional application.
Jin et al. (US 2023/0328561 A1) provides prior art disclosure considered as relevant to the subject matter of the claimed invention (Jin, Abstract, “A method performed by a user equipment (UE) in a wireless communication system is provided. The method includes receiving, from a base station (BS) via a radio resource control (RRC) message, configuration information including information on a first beam failure detection (BFD)-reference signal (RS) set and information on a second BFD-RS set, wherein each of the first BFD-RS set and the second BFD-RS set includes a plurality of BFD-RS resources, receiving, from the BS, medium access control (MAC) control element (CE) including information for indicating a first at least one BFD-RS resource included in the first BFD-RS set and a second at least one BFD-RS resource included in the second BFD-RS set, and identifying one or more activated BFD-RSs based on the MAC CE.”)
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/TIMOTHY J WEIDNER/Primary Examiner, Art Unit 2476