DETAILED ACTION
Notice of 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 .
Priority
The priority document(s), which have been placed on record in the file, are acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/17/2024 and 03/24/2026 are acknowledged.
Specification
The title of the invention is objected to because of the following informalities (and appropriate corrections are required):
The tittle “TERMINAL, BASE STATION, AND COMMUNICATION METHOD” is generic and does not convey the scope of the invention. Examiner recommends amending the title to incorporate the scope of the invention.
Appropriate correction is required.
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.
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Claims 10-21 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-22 of co-pending Application No. 18/837,124 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the control information for NTN, in both applications, indicates satellite ephemeris information, common TA parameters, validity duration for UL syn information and uplink reception synchronization reference point.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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.
(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.
Claims 10-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHENG et al. (US 20230098798 A1), hereinafter referenced as Cheng.
Regarding claims 10 and 16, Cheng teaches a terminal and a communication method (Fig. 1, Para. [0004-0005]-Cheng discloses method for maintaining UL synchronization in an NTN … a method for maintaining UL synchronization in an NTN is provided. The method includes receiving, from a base station (BS), a system information block (SIB) indicating a duration of a timer for the UL synchronization in the NTN; determining whether an epoch time is provided in the SIB; starting or restarting the timer with the duration at a time determined according to whether the epoch time is provided in the SIB; and determining that the UE has the lost UL synchronization upon an expiration of the timer) comprising;
a receiver, which, in operation, receives, on a first cell, control information relating to a second cell, which is different from the first cell (Fig. 5, Para. [0085]-Cheng discloses UE 510 may receive multiple validity durations (e.g., the durations of multiple validity timers) for serving cells and neighboring cells via SIB(s) from a source gNB 520. In action 504, the source gNB 520 may receive a handover request acknowledgement from a target gNB 530 (e.g., in a case that a handover request may be previously sent by the source gNB 520 to the target gNB 530 for triggering a handover of the UE 510 from the source gNB 520 to the target gNB 530). In action 506, the UE 510 may receive one or more validity durations for the target cell via an RRC Reconfiguration message. In action 508, the UE 510 may determine whether UL transmission is allowed based on the status of the validity timers, such as whether the validity timers are running (e.g., have not expired) or not running (e.g., have expired). For example, the UE 510 may determine that UL transmission is allowed when the validity timer(s) is/are running and determine that UL transmission is not allowed upon expiration of the validity timer(s)),
the control information indicating information of a system frame number and a subframe number based on an uplink synchronization reference point (Para. [0071-0076]-Cheng discloses Validity Timer for UL Synchronization ... UE may receive an ephemeris validity duration (e.g., a validity duration for the validity timer for satellite ephemeris information) within a configuration of ephemeris in a SIB to determine the validity period of the received configuration of ephemeris. The field of the ephemeris validity duration may be optional with a need code “Need S”. When the field is absent, a UE may assume that the field value is infinity or a default value, e.g., 30 minutes. The unit of the field value may be in subframes, frames, or minutes. Fig. 6, Para. [0086]-Cheng discloses method/process 600 performed by a UE for maintaining UL synchronization in an NTN, ..., the UE may receive, from a BS, a SIB indicating a duration (e.g., a validity duration) of a timer (e.g., a validity timer) for the UL synchronization in the NTN); and
circuitry, which, in operation, determines an epoch time for assistance information based on the control information (Fig. 6, Para. [0086]-Cheng discloses method/process 600 performed by a UE for maintaining UL synchronization in an NTN, ..., the UE may receive, from a BS, a SIB indicating a duration (e.g., a validity duration) of a timer (e.g., a validity timer) for the UL synchronization in the NTN. In action 604, the UE may determine whether an epoch time is provided in the SIB. In action 606, the UE may start or restart the timer with the duration at a time determined according to whether the epoch time is provided in the SIB).
Regarding claims 11 and 17, Cheng teaches the terminal according to claim 10 and The communication method according to claim 16 respectively,
Cheng further teaches the epoch time for the assistance information is an epoch time for at least one of a serving satellite ephemeris or a parameter of transmission timing control (Fig. 6, Para. [0086]-Cheng discloses method/process 600 performed by a UE for maintaining UL synchronization in an NTN, ..., the UE may receive, from a BS, a SIB indicating a duration (e.g., a validity duration) of a timer (e.g., a validity timer) for the UL synchronization in the NTN. In action 604, the UE may determine whether an epoch time is provided in the SIB. In action 606, the UE may start or restart the timer with the duration at a time determined according to whether the epoch time is provided in the SIB. Para. [0011]-Cheng discloses the SIB includes satellite ephemeris information. Fig. 3, Para. [0062-0066]-Cheng discloses Epoch Time for Serving Satellite Ephemeris ... UE may receive the satellite ephemeris information in a SIB. The satellite ephemeris information may have an epoch time defined by the starting of a DL slot or frame configured by the gNB).
Regarding claims 12 and 18, Cheng teaches the terminal according to claim 10 and The communication method according to claim 16 respectively,
Cheng further teaches the control information indicates a system frame number and a subframe number based on a timing of the first cell and the uplink synchronization reference point (Para. [0071-0076]-Cheng discloses Validity Timer for UL Synchronization ... UE may receive an ephemeris validity duration (e.g., a validity duration for the validity timer for satellite ephemeris information) within a configuration of ephemeris in a SIB to determine the validity period of the received configuration of ephemeris. The field of the ephemeris validity duration may be optional with a need code “Need S”. When the field is absent, a UE may assume that the field value is infinity or a default value, e.g., 30 minutes. The unit of the field value may be in subframes, frames, or minutes. Fig. 6, Para. [0086]-Cheng discloses method/process 600 performed by a UE for maintaining UL synchronization in an NTN, ..., the UE may receive, from a BS, a SIB indicating a duration (e.g., a validity duration) of a timer (e.g., a validity timer) for the UL synchronization in the NTN).
Regarding claims 13 and 19, Cheng teaches the terminal according to claim 10 and The communication method according to claim 16 respectively,
Cheng further teaches the control information indicates a system frame number and a subframe number based on a timing of the second cell and the uplink synchronization reference point of the second cell, in case of handover (Fig. 5, Para. [0085]-Cheng discloses UE 510 may receive multiple validity durations (e.g., the durations of multiple validity timers) for serving cells and neighboring cells via SIB(s) from a source gNB 520. In action 504, the source gNB 520 may receive a handover request acknowledgement from a target gNB 530 (e.g., in a case that a handover request may be previously sent by the source gNB 520 to the target gNB 530 for triggering a handover of the UE 510 from the source gNB 520 to the target gNB 530). Para. [0071-0076]-Cheng discloses Validity Timer for UL Synchronization ... UE may receive an ephemeris validity duration (e.g., a validity duration for the validity timer for satellite ephemeris information) within a configuration of ephemeris in a SIB to determine the validity period of the received configuration of ephemeris. The field of the ephemeris validity duration may be optional with a need code “Need S”. When the field is absent, a UE may assume that the field value is infinity or a default value, e.g., 30 minutes. The unit of the field value may be in subframes, frames, or minutes).
Regarding claims 14 and 20, Cheng teaches the terminal according to claim 10 and The communication method according to claim 16 respectively,
Cheng further teaches the control information indicates a system frame number and a subframe number based on a timing of the first cell and the uplink synchronization reference point of the first cell in a first case (Para. [0076-0081]-Cheng discloses UE may receive an ephemeris validity duration (e.g., a validity duration for the validity timer for satellite ephemeris information) within a configuration of ephemeris in a SIB to determine the validity period of the received configuration of ephemeris. The field of the ephemeris validity duration may be optional with a need code “Need S”. When the field is absent, a UE may assume that the field value is infinity or a default value, e.g., 30 minutes. The unit of the field value may be in subframes, frames, or minutes ... If an epoch time is provided as a reference (sub-)frame number, the ephemeris validity timer may start at the end of the reference (sub-)frame. The UE may determine the starting time for the ephemeris validity timer according to whether the epoch time is provided in the SIB. Specifically, in the case where the epoch time is not provided in the SIB, the ephemeris validity timer may be started at the end of the SI window during which the UE receives the satellite ephemeris information. In the case where the epoch time is provided in the SIB, the ephemeris validity timer may be started at the end of the reference (sub-)frame indicated by the epoch time. This may apply to both serving cells and neighboring cells. A UE may need to maintain multiple ephemeris validity timers when the satellite ephemeris information is provided for serving cells and neighboring cells), and
the control information indicates a system frame number and a subframe number based on a timing of the second cell and the uplink synchronization reference point of the second cell in a second case (Para. [0076-0081]-Cheng discloses UE may receive an ephemeris validity duration (e.g., a validity duration for the validity timer for satellite ephemeris information) within a configuration of ephemeris in a SIB to determine the validity period of the received configuration of ephemeris. The field of the ephemeris validity duration may be optional with a need code “Need S”. When the field is absent, a UE may assume that the field value is infinity or a default value, e.g., 30 minutes. The unit of the field value may be in subframes, frames, or minutes ... If an epoch time is provided as a reference (sub-)frame number, the ephemeris validity timer may start at the end of the reference (sub-)frame. The UE may determine the starting time for the ephemeris validity timer according to whether the epoch time is provided in the SIB. Specifically, in the case where the epoch time is not provided in the SIB, the ephemeris validity timer may be started at the end of the SI window during which the UE receives the satellite ephemeris information. In the case where the epoch time is provided in the SIB, the ephemeris validity timer may be started at the end of the reference (sub-)frame indicated by the epoch time. This may apply to both serving cells and neighboring cells. A UE may need to maintain multiple ephemeris validity timers when the satellite ephemeris information is provided for serving cells and neighboring cells).
Regarding claims 15 and 21, Cheng teaches the terminal according to claim 10 and The communication method according to claim 16 respectively,
Cheng further teaches the control information relating to a system frame number and a subframe number based on a timing of the first cell and the uplink synchronization reference point of the first cell is received by a System Information Block (SIB) (Fig. 5, Para. [0085]-Cheng discloses UE 510 may receive multiple validity durations (e.g., the durations of multiple validity timers) for serving cells and neighboring cells via SIB(s) from a source gNB 520. In action 504, the source gNB 520 may receive a handover request acknowledgement from a target gNB 530 (e.g., in a case that a handover request may be previously sent by the source gNB 520 to the target gNB 530 for triggering a handover of the UE 510 from the source gNB 520 to the target gNB 530). In action 506, the UE 510 may receive one or more validity durations for the target cell via an RRC Reconfiguration message. In action 508, the UE 510 may determine whether UL transmission is allowed based on the status of the validity timers, such as whether the validity timers are running (e.g., have not expired) or not running (e.g., have expired). For example, the UE 510 may determine that UL transmission is allowed when the validity timer(s) is/are running and determine that UL transmission is not allowed upon expiration of the validity timer(s)), and
the control information relating to a system frame number and a subframe number based on a timing of the second cell and the uplink synchronization reference point of the second cell is received by a Radio Resource Control (RRC) reconfiguration message (Fig. 5, Para. [0085]-Cheng discloses UE 510 may receive multiple validity durations (e.g., the durations of multiple validity timers) for serving cells and neighboring cells via SIB(s) from a source gNB 520. In action 504, the source gNB 520 may receive a handover request acknowledgement from a target gNB 530 (e.g., in a case that a handover request may be previously sent by the source gNB 520 to the target gNB 530 for triggering a handover of the UE 510 from the source gNB 520 to the target gNB 530). In action 506, the UE 510 may receive one or more validity durations for the target cell via an RRC Reconfiguration message. In action 508, the UE 510 may determine whether UL transmission is allowed based on the status of the validity timers, such as whether the validity timers are running (e.g., have not expired) or not running (e.g., have expired). For example, the UE 510 may determine that UL transmission is allowed when the validity timer(s) is/are running and determine that UL transmission is not allowed upon expiration of the validity timer(s)).
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure.
Klenner et al. (US 20250158701 A1)-discloses a network node and a user device, as well as to methods for execution on a network node, a user device or on integrated circuitry. For example, the user device or its circuitry may be configured for determining, from the system information, an indication of a count of system frame cycles and assistance information indication, for determining epoch time for deriving assistance information based on the indication of the count of system frame cycles, and for deriving the assistance information based on the epoch time and the assistance information indication …. …Fig. 1-5
WU et al. (US 20240365262 A1)-discloses receiving, by a terminal device, first synchronization assistance information, the first synchronization assistance information is synchronization assistance information corresponding to a first cell, and the first synchronization assistance information includes at least one of satellite ephemeris information corresponding to the first cell, a common timing value parameter corresponding to the first cell, first epoch time indication information, or a duration of a timer corresponding to the first cell, the first epoch time indication information is configured to determine a first epoch time corresponding to the first synchronization assistance information, and the first cell is not a serving cell of terminal device; performing, by the terminal device, mobility management on the first cell based on the first synchronization assistance information; and/or initiating, by the terminal device, a handover procedure to the first cell based on the first synchronization assistance information …. …Fig. 1-3
Rune et al. (US 20230292371 A1)-discloses Systems and methods for defining a Random Access Response (RAR) window for a Non-Terrestrial Network (NTN) are provided. In some embodiments, a method performed by a User Equipment (UE) comprises transmitting a first random access transmission in a Physical Random Access Channel (PRACH) occasion, the first random access transmission being either a random access preamble or a Msg A; determining a reference symbol for a start of a response window, the response window being either a RAR window or a MsgB response window; and monitoring for a response during the response window, the start of the monitoring response window being defined relative to the reference symbol. In this way, some embodiments herein eliminate the problems associated with the current RAR window timing definition, when applied in an NTN .… …Fig. 1-5
HU et al. (US 20240323780 A1)-discloses A handover method and an apparatus, and relates to the wireless communication field, complete cell synchronization between a terminal and a target cell for handover. The handover of a terminal may occur from a first network device to a second network device. The method includes: connecting to a first cell via the first network device; performing downlink synchronization with a downlink synchronization signal of a second cell sent by the second network device; and connecting to the second cell via the second network device. The first cell and the second cell have a same cell identifier …. …Fig. 1-3
XU et al. (US 20250097870 A1)-discloses methods and apparatuses for wireless communication in non-terrestrial network. One embodiment of the present disclosure provides a radio access network (RAN) node, may include: a transceiver; and a processor, wherein the processor is configured to: determine first time information associated with a neighbor RAN node of the RAN node; and transmit the first time information to a user equipment (UE), wherein the first time information includes at least one of: a first epoch time associated with the neighbor RAN node; or a first validity time associated with the neighbor RAN node …. …Fig. 1-3
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLADIRAN GIDEON OLALEYE/Examiner, Art Unit 2472
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