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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/30/2025 and 03/06/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12 and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation “receive a random access response from the first apparatus with information applied by the first apparatus to at least one field of the received random access response”. It is not clear how the second apparatus receives a random access response with information applied by the first apparatus. Moreover, because the claim recites “the second apparatus configure, to a first apparatus, two timing advance groups ... “ in lines 4-5, the second apparatus is interpreted as a network device, and the first apparatus interpreted as a terminal device. The second apparatus (network device) should not the entity to receive the random access response.
Claim 32 is rejected for the same reason as set forth in claim 12.
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.
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.
Claims 1, 3-8, 10-11 and 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 14 of U.S. Patent No. 12,363,762. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed limitations are similar in scope and the claims of the instant application are anticipated by the claims of U.S. Patent No. 12,363,762.
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)(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 1, 3, 5, 7-8, 10-12, 21, 32, 43-44, 46 and 48-49 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fan et al. (US 2024/0205855).
Regarding Claim 1, Fan teaches a first apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the first apparatus at least to ([0347] a communication apparatus 1100 includes a processor 1101. Optionally, the communication apparatus 1100 further includes a memory 1102; [0350] the processor 1101 performs a function of the network device or the terminal in the method shown in FIG. 6 by running or executing a software program stored in the memory 1102):
determine whether an association between at least one timing advance group of two timing advance groups associated with a special cell of the first apparatus and respective one or more indices in a random access response was obtained from a second apparatus, wherein the first apparatus is configured with the two timing advance groups associated with the special cell ([0191] The local index indicates that the TAG is a TAG in a plurality of TAGs corresponding to a specific cell. The specific cell is a cell that sends the configuration information ... The network device sends a RAR message to the terminal. The random access response message includes the initial TA value of the specific TAG. Correspondingly, the terminal receives the RAR message from the network device; [0192] The RAR message includes related information of a TAG in the plurality of TAGs, for example, an index of the TAG and one initial TA value corresponding to the TAG. A first TAG is used as an example. The RAR message includes related information of the first TAG, for example, an index of the first TAG, and an initial TA value corresponding to the first TAG, for example, a first initial TA value; [0193] The first initial TA value is indicated by some fields in the RAR message, for example, a timing advance command (timing advance command) field in Table 1. The timing advance command field has a plurality of bits (bits), for example, 12 bits, so that the plurality of bits indicate various values of the first initial TA value. The first TAG is indicated by some other fields in the RAR message, for example, a reserved field (an R field) in Table 1, so that the terminal determines, based on the reserved field in the RAR message, that the initial TA value in the RAR message is the first initial TA value corresponding to the first TAG. The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs. For example, the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG; [Abstract] the configuration information includes two timing advance groups (TAGs) corresponding to one cell, and each TAG corresponds to one timing advance (TA). The terminal receives a plurality of random access response messages from the network device, wherein each random access response message is usable to indicate a TA corresponding to one of the two TAGs); and
determine, based on the association, usage of information in at least one field of the random access response of the first apparatus ([0199] S602: The terminal determines the first TA or the first TAG; [0200] The first TA is a TA corresponding to uplink signal transmission, and the first TAG is a TAG corresponding to uplink signal transmission).
Regarding Claim 3, Fan teaches the instructions, when executed with the at least one processor, cause the first apparatus to: obtain the association in response to configuring a second timing advance group of the two timing advance groups for the first apparatus ([0191] The local index indicates that the TAG is a TAG in a plurality of TAGs corresponding to a specific cell. The specific cell is a cell that sends the configuration information; [0192] The RAR message includes related information of a TAG in the plurality of TAGs; [0193] the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG. Alternatively, the value 1 of the bit indicates the first TAG, and the value 0 of the bit indicates a second TAG).
Regarding Claim 5, Fan teaches in accordance with a determination that a received random access response indicates an index corresponding to a timing advance group of the two timing advance groups associated with the special cell of the first apparatus, the determine usage comprises determining that the information in at least one field of the random access response is to be applied; and the instructions, when executed with the at least one processor, cause the first apparatus to apply the information in the at least one field of the random access response ([0191] The local index indicates that the TAG is a TAG in a plurality of TAGs corresponding to a specific cell. The specific cell is a cell that sends the configuration information ... The network device sends a RAR message to the terminal. The random access response message includes the initial TA value of the specific TAG. Correspondingly, the terminal receives the RAR message from the network device; [0192] The RAR message includes related information of a TAG in the plurality of TAGs, for example, an index of the TAG and one initial TA value corresponding to the TAG. A first TAG is used as an example. The RAR message includes related information of the first TAG, for example, an index of the first TAG, and an initial TA value corresponding to the first TAG, for example, a first initial TA value; [0193] The first initial TA value is indicated by some fields in the RAR message, for example, a timing advance command (timing advance command) field in Table 1. The timing advance command field has a plurality of bits (bits), for example, 12 bits, so that the plurality of bits indicate various values of the first initial TA value. The first TAG is indicated by some other fields in the RAR message, for example, a reserved field (an R field) in Table 1, so that the terminal determines, based on the reserved field in the RAR message, that the initial TA value in the RAR message is the first initial TA value corresponding to the first TAG. The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs. For example, the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG; [Abstract] the configuration information includes two timing advance groups (TAGs) corresponding to one cell, and each TAG corresponds to one timing advance (TA). The terminal receives a plurality of random access response messages from the network device, wherein each random access response message is usable to indicate a TA corresponding to one of the two TAGs; [0199] S602: The terminal determines the first TA or the first TAG; [0200] The first TA is a TA corresponding to uplink signal transmission, and the first TAG is a TAG corresponding to uplink signal transmission).
Regarding Claim 7, Fan teaches the instructions, when executed with the at least one processor, cause the first apparatus to: obtain the association between a timing advance group associated with the special cell and an index in the random access response having a specific index value; and determine that a further timing advance group associated with the special cell is associated to a further index in the random access response having another index value ([0191] The local index indicates that the TAG is a TAG in a plurality of TAGs corresponding to a specific cell. The specific cell is a cell that sends the configuration information ... The network device sends a RAR message to the terminal. The random access response message includes the initial TA value of the specific TAG. Correspondingly, the terminal receives the RAR message from the network device; [0192] The RAR message includes related information of a TAG in the plurality of TAGs, for example, an index of the TAG and one initial TA value corresponding to the TAG. A first TAG is used as an example. The RAR message includes related information of the first TAG, for example, an index of the first TAG, and an initial TA value corresponding to the first TAG, for example, a first initial TA value; [0193] The first initial TA value is indicated by some fields in the RAR message, for example, a timing advance command (timing advance command) field in Table 1. The timing advance command field has a plurality of bits (bits), for example, 12 bits, so that the plurality of bits indicate various values of the first initial TA value. The first TAG is indicated by some other fields in the RAR message, for example, a reserved field (an R field) in Table 1, so that the terminal determines, based on the reserved field in the RAR message, that the initial TA value in the RAR message is the first initial TA value corresponding to the first TAG. The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs. For example, the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG).
Regarding Claim 8, Fan teaches a lower index value in the random access response is associated to a timing advance group of the two timing advance groups having a lower group identifier and a higher index value in the random access response is associated to a timing advance group of the two timing advance groups having a higher group identifier ([0172] the TAG mentioned in at least one embodiment usually indicates an index or a TAG ID of the TAG; [0193] The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs. For example, the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG).
Regarding Claim 10, Fan teaches an index in the random access response is indicated with a value of a bit field in the random access response ([0193] The first TAG is indicated by some other fields in the RAR message, for example, a reserved field (an R field) in Table 1, so that the terminal determines, based on the reserved field in the RAR message, that the initial TA value in the RAR message is the first initial TA value corresponding to the first TAG. The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs).
Regarding Claim 11, Fan teaches the first apparatus comprises a terminal device and the second apparatus comprises a network device ([0191] The network device sends a RAR message to the terminal. The random access response message includes the initial TA value of the specific TAG. Correspondingly, the terminal receives the RAR message from the network device).
Regarding Claim 12, Fan teaches a second apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the second apparatus at least to ([0347] a communication apparatus 1100 includes a processor 1101. Optionally, the communication apparatus 1100 further includes a memory 1102; [0350] the processor 1101 performs a function of the network device or the terminal in the method shown in FIG. 6 by running or executing a software program stored in the memory 1102):
configure, to a first apparatus, two timing advance groups associated with a special cell, and configure, to the first apparatus, an association between at least one timing advance group of the two timing advance groups associated with the special cell of the first apparatus and respective one or more indices in a random access response ([0191] The local index indicates that the TAG is a TAG in a plurality of TAGs corresponding to a specific cell. The specific cell is a cell that sends the configuration information ... The network device sends a RAR message to the terminal. The random access response message includes the initial TA value of the specific TAG. Correspondingly, the terminal receives the RAR message from the network device; [0192] The RAR message includes related information of a TAG in the plurality of TAGs, for example, an index of the TAG and one initial TA value corresponding to the TAG. A first TAG is used as an example. The RAR message includes related information of the first TAG, for example, an index of the first TAG, and an initial TA value corresponding to the first TAG, for example, a first initial TA value; [0193] The first initial TA value is indicated by some fields in the RAR message, for example, a timing advance command (timing advance command) field in Table 1. The timing advance command field has a plurality of bits (bits), for example, 12 bits, so that the plurality of bits indicate various values of the first initial TA value. The first TAG is indicated by some other fields in the RAR message, for example, a reserved field (an R field) in Table 1, so that the terminal determines, based on the reserved field in the RAR message, that the initial TA value in the RAR message is the first initial TA value corresponding to the first TAG. The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs. For example, the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG; [Abstract] the configuration information includes two timing advance groups (TAGs) corresponding to one cell, and each TAG corresponds to one timing advance (TA). The terminal receives a plurality of random access response messages from the network device, wherein each random access response message is usable to indicate a TA corresponding to one of the two TAGs); and
receive a random access response from the first apparatus with information applied by the first apparatus to at least one field of the received random access response, wherein the information applied is based at least on the association ([0192] The RAR message includes related information of a TAG in the plurality of TAGs, for example, an index of the TAG and one initial TA value corresponding to the TAG. A first TAG is used as an example. The RAR message includes related information of the first TAG, for example, an index of the first TAG, and an initial TA value corresponding to the first TAG, for example, a first initial TA value; [0193] The first initial TA value is indicated by some fields in the RAR message, for example, a timing advance command (timing advance command) field in Table 1. The timing advance command field has a plurality of bits (bits), for example, 12 bits, so that the plurality of bits indicate various values of the first initial TA value. The first TAG is indicated by some other fields in the RAR message, for example, a reserved field (an R field) in Table 1, so that the terminal determines, based on the reserved field in the RAR message, that the initial TA value in the RAR message is the first initial TA value corresponding to the first TAG. The reserved field is one bit, so that a value 0 or 1 of the bit correspondingly indicates two TAGs. For example, the value 0 of the bit indicates the first TAG, and the value 1 of the bit indicates another TAG, for example, a second TAG; [0199] S602: The terminal determines the first TA or the first TAG; [0200] The first TA is a TA corresponding to uplink signal transmission, and the first TAG is a TAG corresponding to uplink signal transmission).
Regarding Claim 21, the claim is interpreted and rejected for the same reason as set forth in Claim 1.
Regarding Claim 32, the claim is interpreted and rejected for the same reason as set forth in Claim 12.
Regarding Claim 43, Fan teaches a non-transitory program storage device readable with an apparatus, tangibly embodying a program of instructions executable with the apparatus at least to perform the method of claim 21 ([0347] the communication apparatus 1100 further includes a memory 1102; [0350] the processor 1101 performs a function of the network device or the terminal in the method shown in FIG. 6 by running or executing a software program stored in the memory 1102; [0354] the memory 1102 is a read-only memory (ROM) or another type of static storage device that stores static information and instructions).
Regarding Claim 44, the claim is interpreted and rejected for the same reason as set forth in Claim 3.
Regarding Claim 46, the claim is interpreted and rejected for the same reason as set forth in Claim 5.
Regarding Claim 48, the claim is interpreted and rejected for the same reason as set forth in Claim 7.
Regarding Claim 49, the claim is interpreted and rejected for the same reason as set forth in Claim 8.
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.
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.
Claims 4, 6, 45 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. in view of Prasad et al. (US 2025/0048300).
Regarding Claim 4, Fan does not teach the instructions, when executed with the at least one processor, cause the first apparatus to: obtain the association between a first timing advance group of the two timing advance groups and a corresponding index in the random access response in response to there being no configuration of a second timing advance group.
In an analogous art, Prasad teaches the instructions, when executed with the at least one processor, cause the first apparatus to: obtain the association between a first timing advance group of the two timing advance groups and a corresponding index in the random access response in response to there being no configuration of a second timing advance group ([0256] The UE capability message may not indicate/comprise a supported number of TAGs (supportedNumberTAG). A supported number of TAGs may be absent in the UE capability message. The wireless device may support a single TAG (or only one TAG) based on the supported number of TAGs being absent in the UE capability message. The wireless device may support the single TAG for NR).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Prasad’s method with Fan’s method so that Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Prasad’s method with Fan’s method so that configurations of the timing advance grouping can be flexibly received by the UEs of capabilities of receiving different RARs for timing advance.
Regarding Claim 6, Fan does not teach in accordance with a determination that a received random access response does not indicate an index corresponding to a timing advance group of the two timing advance groups associated with the special cell of the first apparatus, the determine usage comprises determining that the information in the at least one field of the random access response is not to be applied; and the instructions, when executed with the at least one processor, cause the first apparatus to not apply the information in the at least one field of the random access response.
In an analogous art, Prasad teaches in accordance with a determination that a received random access response does not indicate an index corresponding to a timing advance group of the two timing advance groups associated with the special cell of the first apparatus, the determine usage comprises determining that the information in the at least one field of the random access response is not to be applied; and the instructions, when executed with the at least one processor, cause the first apparatus to not apply the information in the at least one field of the random access response ([0677] The control command may be, for example, a random-access response (RAR). The control command may be, for example, an absolute TAC MAC CE. The control command may not comprise a TAG index. The control command may not comprise the TAG index, for example, based on the control command being a random-access response).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Prasad’s method with Fan’s method so that Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Prasad’s method with Fan’s method so that configurations of the timing advance grouping can be flexibly received by the UEs of capabilities of receiving different RARs for timing advance.
Regarding Claim 45, the claim is interpreted and rejected for the same reason as set forth in Claim 4.
Regarding Claim 47, the claim is interpreted and rejected for the same reason as set forth in Claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Go et al. (US 2026/0164469) teaches method for transmitting and receiving RAR.
Ling et al. (US 2025/0056667) teaches method of adjusting timing for multi-TRP transmission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU-WEN CHANG whose telephone number is (408)918-7645. The examiner can normally be reached M-F 8:00am-5:00pm PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached at 571-272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YU-WEN CHANG/Primary Examiner, Art Unit 2413
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