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 .
Claim Interpretations
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Claim limitations “means for measuring” (claim 30 lines 2-4), “means for deriving” (claim 30 lines 5-7), and “means for transmitting” (claim 30 lines 8-10) have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “means for” coupled with functional language without reciting sufficient structure to achieve the function.
Furthermore, the generic placeholders are not preceded by a structural modifier. Since the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 30 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Figures 1-15 and Specification, Sections 0023-0277 disclose the function of “means for measuring” as measuring a downlink reception timing difference between a reference active cell in a first TAG and a reference deactivated cell in a second TAG, wherein the second TAG is a deactivated TAG; “means for deriving” as deriving a timing advance for the second TAG based at least in part on a timing advance for the first TAG and the downlink reception timing difference between the reference active cell and the reference deactivated cell; and “means for transmitting” as transmitting, on one or more cells in the second TAG, one or more uplink communications using the timing advance for the second TAG, in connection with activation of the one or more cells in the second TAG. Also in Figure 15 Sections 0204-0223: “means for measuring” is measurement component 1508, “means for deriving” is derivation component 1510, and “means for transmitting” is transmission component 1504. The specification discloses that all components can be implemented as processors (Sections 0205-0207 and 0275), hardware (Section 0275), or circuitry (Sections 0024), so the corresponding structure of the claimed “means for measuring”, “means for deriving”, and “means for transmitting” are processor, hardware or circuitry.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Objections
Claims 4, 7, and 23 are objected to because of the following informalities:
a) Claim 4 lines 6-7: “for reference deactivated cell” should be changed to -- for the reference deactivated cell --.
b) Claim 7 line 8: “a timing advance for the first TAG” should be changed to -- the timing advance for the first tag --.
c) Claim 23 line 7: “a timing advance for the first TAG” should be changed to -- the timing advance for the first tag --.
Appropriate correction is required.
Allowable Subject Matter
Claims 1-3, 5-6, 8-22, and 24-30 are allowed (pending claim interpretations and claim objections).
The following is an examiner’s statement of reasons for allowance (pending claim interpretations and claim objections).
Independent claims 1, 20, 29, and 30:
U.S. Publication No. 20130250925 to Lohr disclose in Figures 1-33 a method of wireless
communication performed by a UE, comprising:
Measuring a downlink reception timing difference between a reference active cell (PCell) … and a reference deactivated cell (SCell) … Sections 0182-0185, 0217-0220, 0411-0452, and 0486-0492: UE receives downlink transmission from PCell, which is in an active state, and also receives downlink transmissions from SCell, which is in a deactivated state. UE measures the downlink reception timing difference between PCell and SCell. The PCell is in an activated state, and the SCell can change from a deactivated state to an activated state.
Deriving a timing advance (timing advance of the SCell) … based at least in part on … the downlink reception timing difference between the reference active cell and the reference deactivated cell. Sections 0182-0185, 0217-0220, 0411-0452, and 0486-0492: UE determines a timing advance for the SCell based on the measured downlink reception timing difference between the PCell and SCell.
Transmitting, on one or more cells (SCell) … , one or more uplink communications using the timing advance …, in connection with activation of the one or more cells ... Sections 0182-0185, 0217-0220, 0411-0452, and 0486-0492: UE uses the determined timing advance for the SCell to transmit uplink data to the SCell ... Refer to Sections 0002-0287 and 0318-0544.
Lohr et al do not disclose … measuring a downlink reception timing difference between a reference active cell in a first TAG and a reference deactivated cell in a second TAG …; deriving a timing advance for the second TAG …; and transmitting, on one or more cells in the second TAG, one or more uplink communications using the timing advance for the second TAG, in connection with activation of the one or more cells in the second TAG.
U.S. Publication No. 20170302419 to Liu et al disclose in Figures 1-56 and Sections 0152 and 0252-0253 wherein UE is in communication with a PCell and a SCell, and the PCell and the SCell are in different TAGs, so the PCell can be in a first TAG and the SCell can be in a second TAG. UE determines a delta_DL, which is the DL receiving timing difference (TAG2 DL receiving time minus TAG1 DL receiving time) between the first TAG of the PCell and the second TAG of the SCell. UE transmits uplink data to the PCell in the first TAG and transmits uplink data to the SCell in the second TAG. Sections 0205 and 0248: UE determines the TA for each TAG, including determining the TA for the first TAG and determining the TA for the second TAG.
However, none of the prior art disclose the limitations “… measuring a downlink reception timing difference between a reference active cell in a first TAG and a reference deactivated cell in a second TAG, wherein the second TAG is a deactivated TAG; deriving a timing advance for the second TAG based at least in part on a timing advance for the first TAG and the downlink reception timing difference between the reference active cell and the reference deactivated cell ...”, and can be combined with Lohr et al and Liu et al.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 20180368093 to Rahman et al disclose in Figures 1-13 and Sections 0099-0107 wherein UE determines the measured time difference ΔTr between the cells; if the measured time difference ΔTr is not larger than the determined maximum received time difference MRTD, then UE activates at least one of deactivated cell1 and deactivated cell2. Refer to Sections 0031-0199.
U.S. Publication No. 20170295568 to Takeda et al disclose in Figures 1-12 and Sections 0031, 0075-0098 wherein UE uses the downlink receiving timing difference of a PCell belonging to a master cell group and a PSCell belonging to a secondary cell group to determine whether to apply either the control for synchronous dual connectivity or the control for asynchronous dual connectivity based on whether or not the receiving timing difference of the PCell belonging to the master cell group and the PSCell belonging to the secondary cell group is within a threshold. Refer to Sections 0024-0144.
U.S. Publication No. 20150105084 to Bontu et al disclose in Figures 1-12 and Sections 0098, 0128, 0157, and 0186 wherein UE communicates with a serving cell and a target cell; UE transmits uplink data by adjusting uplink transmit timing at UE based on downlink reception timing differences between the serving cell and the target cell. Refer to Sections 0017-0202.
U.S. Publication No. 20140029586 to Loehr et al disclose in Figures 1-41 and Sections 0875-0877 wherein he configuration of a SCell can be used as a trigger by UE to start the procedure for reporting on downlink timings to the eNode; in case of reporting on the downlink timing to the eNodeB when a new SCell is configured, eNodeB checks prior to activation of the SCell whether or not an exceeding downlink reception time difference prevents UE from successfully processing of downlink transmissions on the aggregated downlink serving cells. Refer to Sections 0502-0906.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm.
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/Christine Ng/
Examiner, AU 2464
October 7, 2026
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