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 .
This action is in response to the application filed on 9/19/2024, and is a continuation of Application number 17/605,508 (now US Patent 12,127,030 B2).
Claims 1-20 have been examined and rejected.
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), 2, 4, 5, 6, 7, 8-10, (11+13), 12, 14, 15, 16, 17, (18+19), 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 2, 7, 3, 5, 6, 8-10, 11, 13, 7, 14, 16, 17, 12, 4 respectively of U.S. Patent No. 12,127,030 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1+ claim 3 of the instant application, is generic to all that is recited in claim 1 of the patent. That is, claim (1+3) is anticipated by claim 1 of the patent.
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.
Claim(s) are rejected under 35 U.S.C. 103 as being unpatentable over Koskela (US 20220061087 A1) in view of Deenoo (WO2019032882A1).
Regarding Claims 1-20, Koskela teaches a method for reporting a beam failure, comprising:
determining, by a terminal, that a target secondary serving cell among n accessed secondary serving cells has a beam failure (see para 63, the terminal device detects a beam failure on a serving cell of the terminal device; also see para 65, FIG. 4), where n is a positive integer (see FIG. 2B, para 58, The PCell 252 and SCells 211-21N belong to a group of cells or in a beam management group 210, and the SCells 221, 222-22N belong to a group of SCells or another beam management group); and
transmitting, by the terminal, a first medium access control MAC control element CE signaling to a base station, the first MAC CE signaling comprising target beam (Examiners Note: Using BRI consistent with the specification, the limitation “target beam” has been interpreted as “failed beam”. Based on this interpretation, see para 90-91, the terminal detects beam failure of the SCell … the terminal device determines a new beam for the Scell, by selecting a candidate beam from a list of candidate reference signals based on L1-RSRP measurements and transmit information of the selected candidate beam to the network device for further communication. The information of the selected candidate beam is included in the SCell BFR MAC CE);
wherein a candidate beam with a signal quality greater than a preset threshold is selected from more than one candidate beam corresponding to the target secondary serving cell as the target beam (see paras 51-52, The network device may provide the terminal device with a list of candidate RSs for recovery that can be indicated using dedicated signal. Candidate beam L1-Reference Signal Receiving Power (RSRP) measurements may be provided to MAC layer which performs the selection of new candidate beam and determines the uplink resources to indicate the new candidate beam to the network device… Beam failure recovery procedure is initiated if the terminal device has declared a beam failure and the terminal device has detected a new candidate beam or beams based on L1 measurements (e.g. L1-RSRP)… A specific threshold is configured so that if any of the new candidate beams (based on L1-RSRP measurements) are above the threshold, they can be indicated using the dedicated signal (set of resources in set Q1 or candidate beam list); also see para 91).
Koskela discloses transmitting network device configured MAC CE signaling comprising beam failure recovery BFR.
Koskela does not explicitly suggest transmitting the MAC CE signaling comprising target/failed beam indication information to the network device.
In the same field of endeavor, Deenoo discloses this limitation: see FIG. 9, para 251, the WTRU obtains a UL grant or use an available UL grant and transmits an Scell beam failure indication 912 using a MAC CE. The Scell beam failure indication 912 may include the Scell index and/or DL QCL reference identifying the selected candidate Scell beam and indicating beam failure in the Scell 904.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Koskela, so as to transmit the MAC CE signaling comprising beam failure indication to the network device as taught by Hu, to perform beam failure recovery (BFR) for a serving cell using the beam failure indication information (see Deenoo, Technical Field).
Regarding Claims 2, 12, Koskela teaches: the target beam indication information is represented by a q-bit code word, and a p-bit code word among the q-bit code word and the p candidate beams have a one-to-one correspondence, q is an integer greater than or equal to p; in which a jth bit among the p-bit code word is configured to indicate that a jth candidate beam among the p candidate beams is selected as the target beam, and j is a positive integer less than or equal to p (Examiners Note: Using BRI consistent with the specification, the above limitation has been interpreted to mean “using a bitmap to represent SCell beam failure using 1 (beam has failed) or 0 (beam not failed)”. Based on this interpretation, see FIG. 4, paras 65-66, the SCell BFR MAC CE comprise a bitmap 402 and each of the Ci (i=1-7) fields 411-417 corresponds to an SCell or a group of SCells. In the case where the each of the Ci fields 411-417 corresponds to an SCell, Ci may refer to an SCell index. When the corresponding field (bit in this example) is set to be the predefined value (e.g., “1”), it indicates that a beam failure has occurred on the corresponding SCell; when the corresponding field (bit in this example) is set to be another predefined value (e.g., “0”), it indicates that a beam failure has not detected on the corresponding SCell. As an example, the field corresponding to the SCell 102 is the C2 field 412. Then, the terminal device at 330 may set the value of the C2 field 411 to be “1” to indicate the beam failure on the SCell).
Regarding Claims 3, 13, 19, Koskela teaches: the target beam indication information is represented by a r-bit code word, r=I log2 p I, and I I represents rounding up; in which the r-bit code word is identification information of the target beam. Examiners Note: Using BRI consistent with the specification, the above limitation has been interpreted to mean, beam failure recovery (BFR) for a serving cell indicated by a SCell BFR MAC CE bitmap.
Based on this interpretation, see Koskela, para 63-66, FIG. 4. the terminal device detects a beam failure on a serving cell of the terminal device … the terminal device generates a SCell BFR MAC CE … the SCell BFR MAC CE comprise a bitmap including a plurality of fields and the field associated with the SCell (failed cell) may be included in the bitmap… As shown in FIG. 4, the SCell BFR MAC CE comprise a bitmap and each of the Ci (i=1-7) fields corresponds to an SCell or a group of SCells… each of the Ci fields corresponds to an SCell, Ci may refer to an SCell index. When the Ci filed is set to “1”, it indicates that a beam failure has occurred on that corresponding SCell; when the corresponding field is set to be “0”, it indicates that a beam failure has not detected on the corresponding SCell. As an example, the field corresponding to the SCell 102 is the C2 field 412. Then, the terminal device sets the value of the C2 field 411 to be “1” to indicate the beam failure on the SCell 102.
Regarding Claims 4, 14, 20, Koskela teaches: the p candidate beams are beams configured by the base station through a radio resource control RRC signaling; or, the p candidate beams are beams activated by a MAC signaling among multiple beams configured by the base station through a RRC signaling (see para 51, the network device may provide the terminal device with a list of candidate RSs for recovery that can be indicated using dedicated signal. Candidate beam L1-Reference Signal Receiving Power (RSRP) measurements may be provided to MAC layer which performs the selection of new candidate beam and determines the uplink resources to indicate the new candidate beam to the network device. The network device may configure the terminal device with dedicated signaling resources, such as contention free random access (CFRA) resources that are candidate beam specific i.e., the terminal device can indicate new candidate by sending a preamble).
Regarding Claims 5, 15, Koskela teaches: the first MAC CE signaling further comprises beam failure indication information for indicating that the target secondary serving cell has the beam failure (see Koskela, para 63-66, FIG. 4. the terminal device detects a beam failure on a serving cell of the terminal device … the terminal device generates a SCell BFR MAC CE … the SCell BFR MAC CE comprise a bitmap including a plurality of fields and the field associated with the SCell (failed cell) may be included in the bitmap).
Regarding Claims 6, 16, Koskela teaches: the beam failure indication information is represented by an m-bit code word, and an n-bit code word among the m-bit code word and the n secondary serving cells have a one-to-one correspondence, m is an integer greater than or equal to n; in which an ith bit in the n-bit code word is configured to indicate whether an ith secondary serving cell among the n secondary serving cells has the beam failure, and i is a positive integer less than or equal to n (Examiners Note: Using BRI consistent with the specification, the above limitation has been interpreted to mean “using a bitmap to represent SCell beam failure using 1 (beam has failed) or 0 (beam not failed)”. Based on this interpretation, see FIG. 4, paras 65-66, the SCell BFR MAC CE comprise a bitmap 402 and each of the Ci (i=1-7) fields 411-417 corresponds to an SCell or a group of SCells. In the case where the each of the Ci fields 411-417 corresponds to an SCell, Ci may refer to an SCell index. When the corresponding field (bit in this example) is set to be the predefined value (e.g., “1”), it indicates that a beam failure has occurred on the corresponding SCell; when the corresponding field (bit in this example) is set to be another predefined value (e.g., “0”), it indicates that a beam failure has not detected on the corresponding Scell).
Regarding Claims 7, 17, Koskela teaches: the beam failure indication information is represented by a r-bit code word, k=I log2 n I, and I I represents rounding up; in which the k-bit code word is identification information of the target secondary serving cell (see paras 63-66, FIG. 4. the terminal device detects a beam failure on a serving cell of the terminal device … the terminal device generates a SCell BFR MAC CE … the SCell BFR MAC CE comprise a bitmap including a plurality of fields and the field associated with the SCell (failed cell) may be included in the bitmap… As shown in FIG. 4, the SCell BFR MAC CE comprise a bitmap and each of the Ci (i=1-7) fields corresponds to an SCell or a group of SCells… each of the Ci fields corresponds to an SCell, Ci may refer to an SCell index. When the Ci filed is set to “1”, it indicates that a beam failure has occurred on that corresponding SCell; when the corresponding field is set to be “0”, it indicates that a beam failure has not detected on the corresponding SCell. As an example, the field corresponding to the SCell 102 is the C2 field 412. Then, the terminal device sets the value of the C2 field 411 to be “1” to indicate the beam failure on the SCell 102).
Regarding Claim 8, Koskela teaches the method as claimed in claim 1, further comprising: transmitting, by the terminal, an uplink scheduling request or a random access request to the base station, wherein the uplink scheduling request or the random access request is configured to notify the base station of an occurrence of the beam failure of the terminal; and receiving, by the terminal, resource configuration information from the base station, wherein the resource configuration information is configured to indicate a physical uplink shared channel PUSCH resource for the terminal to transmit the first MAC CE signaling (see para 86, The terminal device maps the generated SCell BFR MAC CE to a granted uplink resource on the PCell or any SCell or group of SCells where no beam failure has been detected. Such uplink resource may be considered as a valid uplink resource for the SCell BFR MAC CE).
Regarding Claim 9, Koskela teaches the method as claimed in claim 1, and discloses the first MAC CE signaling
Koskela does not disclose details regarding: the first MAC CE signaling is transmitted on a periodic physical uplink shared channel PUSCH resource configured by the base station for the terminal.
In the same field of endeavor, Deenoo discloses: see para 103, The WTRU may multiplex the candidate beam failure indication with an uplink data transmission (e.g., on PUSCH, by "piggybacking" the candidate beam failure indication on the PUSCH transmission). The candidate beam failure indication with an uplink data (e.g., PUSCH) transmission may be scheduled; at para 213, the WTRU may be configured to provide the indication for every slot where the radio link quality is assessed, or at a configured periodicity (e.g., every n ms). The periodicity value may be a fixed value, configured by the gNB, or the periodicity may be specific to WTRU implementation in order to meet performance requirements (e.g., a requirement to detect beam failures within a certain time period; also see FIG. 9, para 251, the WTRU obtains a UL grant or use an available UL grant and transmits an Scell beam failure indication 912 using a MAC CE. The Scell beam failure indication 912 may include the Scell index and/or DL QCL reference identifying the selected candidate Scell beam and indicating beam failure in the Scell 904.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Koskela, so as to transmit the MAC CE signaling comprising beam failure indication on PUSCH to the network device as taught by Hu, to reduce signaling and perform beam failure recovery (BFR) for a serving cell (see Deenoo, Technical Field).
Regarding Claim 10, Koskela teaches the method as claimed in claim 8, wherein: the PUSCH resource is a resource on the target secondary serving cell; or the PUSCH resource is a resource on a primary serving cell accessed by the terminal (see para 86, The terminal device maps the generated SCell BFR MAC CE to a granted uplink resource on the PCell or any SCell or group of SCells where no beam failure has been detected); or
Regarding Claim 11, Koskela teaches a device for reporting a beam failure, for a terminal (see FIG. 7, terminal, para 139), comprising: a processor; and a memory for storing instructions executable by the processor; wherein the processor is configured to:
determine that a target secondary serving cell among n accessed secondary serving cells has a beam failure (see para 63, the terminal device detects a beam failure on a serving cell of the terminal device; also see para 65, FIG. 4), where n is a positive integer (see FIG. 2B, para 58, The PCell 252 and SCells 211-21N belong to a group of cells or in a beam management group 210, and the SCells 221, 222-22N belong to a group of SCells or another beam management group); and
transmit a first medium access control MAC control element CE signaling to a base station, the first MAC CE signaling comprising target beam indication information, and the target beam indication information is configured to indicate a target beam, selected from p candidate beams, for restoring the beam failure, and p is an integer greater than 1(Examiners Note: Using BRI consistent with the specification, the limitation “target beam” has been interpreted as “failed beam”. Based on this interpretation, see para 90-91, the terminal detects beam failure of the SCell … the terminal device determines a new beam for the Scell, by selecting a candidate beam from a list of candidate reference signals based on L1-RSRP measurements and transmit information of the selected candidate beam to the network device for further communication. The information of the selected candidate beam is included in the SCell BFR MAC CE);
wherein a candidate beam with a signal quality greater than a preset threshold is selected from more than one candidate beam corresponding to the target secondary serving cell as the target beam (see paras 51-52, The network device may provide the terminal device with a list of candidate RSs for recovery that can be indicated using dedicated signal. Candidate beam L1-Reference Signal Receiving Power (RSRP) measurements may be provided to MAC layer which performs the selection of new candidate beam and determines the uplink resources to indicate the new candidate beam to the network device… Beam failure recovery procedure is initiated if the terminal device has declared a beam failure and the terminal device has detected a new candidate beam or beams based on L1 measurements (e.g. L1-RSRP)… A specific threshold is configured so that if any of the new candidate beams (based on L1-RSRP measurements) are above the threshold, they can be indicated using the dedicated signal (set of resources in set Q1 or candidate beam list); also see para 91).
Koskela discloses transmitting network device configured MAC CE signaling comprising beam failure recovery BFR.
Koskela does not explicitly suggest transmitting the MAC CE signaling comprising target/failed beam indication information to the network device.
In the same field of endeavor, Deenoo discloses this limitation: see FIG. 9, para 251, the WTRU obtains a UL grant or use an available UL grant and transmits an Scell beam failure indication 912 using a MAC CE. The Scell beam failure indication 912 may include the Scell index and/or DL QCL reference identifying the selected candidate Scell beam and indicating beam failure in the Scell 904.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Koskela, so as to transmit the MAC CE signaling comprising beam failure indication to the network device as taught by Hu, to perform beam failure recovery (BFR) for a serving cell using the beam failure indication information (see Deenoo, Technical Field).
Regarding Claim 18, Koskela teaches a non-transitory computer-readable storage medium (see para 140) having stored therein computer programs that, when executed by a processor, a method for reporting a beam failure is performed, the method comprising:
determining, by a terminal, that a target secondary serving cell among n accessed secondary serving cells has a beam failure (see para 63, the terminal device detects a beam failure on a serving cell of the terminal device; also see para 65, FIG. 4), where n is a positive integer (see FIG. 2B, para 58, The PCell 252 and SCells 211-21N belong to a group of cells or in a beam management group 210, and the SCells 221, 222-22N belong to a group of SCells or another beam management group); and
transmitting, by the terminal, a first medium access control MAC control element CE signaling to a base station, the first MAC CE signaling comprising target beam indication information, and the target beam indication information is configured to indicate a target beam, selected from p candidate beams, for restoring the beam failure, and p is an integer greater than 1 (Examiners Note: Using BRI consistent with the specification, the limitation “target beam” has been interpreted as “failed beam”. Based on this interpretation, see para 90-91, the terminal detects beam failure of the SCell … the terminal device determines a new beam for the Scell, by selecting a candidate beam from a list of candidate reference signals based on L1-RSRP measurements and transmit information of the selected candidate beam to the network device for further communication. The information of the selected candidate beam is included in the SCell BFR MAC CE);
wherein a candidate beam with a signal quality greater than a preset threshold is selected from more than one candidate beam corresponding to the target secondary serving cell as the target beam (see paras 51-52, The network device may provide the terminal device with a list of candidate RSs for recovery that can be indicated using dedicated signal. Candidate beam L1-Reference Signal Receiving Power (RSRP) measurements may be provided to MAC layer which performs the selection of new candidate beam and determines the uplink resources to indicate the new candidate beam to the network device… Beam failure recovery procedure is initiated if the terminal device has declared a beam failure and the terminal device has detected a new candidate beam or beams based on L1 measurements (e.g. L1-RSRP)… A specific threshold is configured so that if any of the new candidate beams (based on L1-RSRP measurements) are above the threshold, they can be indicated using the dedicated signal (set of resources in set Q1 or candidate beam list); also see para 91).
Koskela discloses transmitting network device configured MAC CE signaling comprising beam failure recovery BFR.
Koskela does not explicitly suggest transmitting the MAC CE signaling comprising target/failed beam indication information to the network device.
In the same field of endeavor, Deenoo discloses this limitation: see FIG. 9, para 251, the WTRU obtains a UL grant or use an available UL grant and transmits an Scell beam failure indication 912 using a MAC CE. The Scell beam failure indication 912 may include the Scell index and/or DL QCL reference identifying the selected candidate Scell beam and indicating beam failure in the Scell 904.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Koskela, so as to transmit the MAC CE signaling comprising beam failure indication to the network device as taught by Hu, to perform beam failure recovery (BFR) for a serving cell using the beam failure indication information (see Deenoo, Technical Field).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang (US 20200344835 A1) teaches: when a beam failure occurs in a secondary cell of the communications device, the communications device sends a beam failure recovery request to the network device by using a PUCCH or a MAC CE, and determines an active state time of DRX based on a status of the beam failure recovery request. The communications device may also determine a stopping time of an uplink retransmission timer based on a running status of a configured grant timer, where the DRX of the communications device is in an active state when the uplink retransmission timer works; and monitors a PDCCH when the DRX of the communications device is in the active state.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEEPA BELUR whose telephone number is (571)270-3722. The examiner can normally be reached M-F 8 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Bates can be reached at 571-272-3980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPA BELUR/Primary Examiner, Art Unit 2472
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