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 .
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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,101,820. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,101,820 anticipates Claim 1 of the current application.
Claim#
Current application
Claim #
U.S. Patent No. 12,101,820
1
A communications device for transmitting data to a wireless communications network, the communications device comprising transmitter circuitry configured to transmit signals via a wireless access interface provided by the wireless communications network, receiver circuitry configured to receive signals via the wireless access interface, and controller circuitry configured in combination with the receiver circuitry and the transmitter circuitry to transmit a random access preamble, to transmit first uplink data in an uplink shared physical channel associated with the preamble according to a 2-step random access procedure, the association between the preamble and the transmission of the uplink data in the uplink shared channel being known to the wireless communications network, to detect, in response to transmitting the preamble and the uplink data, a random access response message providing timing advance information and uplink grant of resources of the shared channel according to a 4-step random access procedure, to determine that the 2-step random access procedure has failed, and to transmit, in response to the random access response message, second uplink data in the uplink resources granted in the random access response message according to a 4-step random access procedure.
1
A communications device for transmitting data to a wireless communications network, the communications device comprising: transmitter circuitry configured to transmit signals via a wireless access interface provided by the wireless communications network, receiver circuitry configured to receive signals via the wireless access interface, and controller circuitry configured in combination with the receiver circuitry and the transmitter circuitry: to transmit a random access preamble, to transmit first uplink data in an uplink shared physical channel associated with the preamble according to a 2-step random access procedure, the association between the preamble and the transmission of the uplink data in the uplink shared channel being known to the wireless communications network, to detect, in response to transmitting the preamble and the uplink data, a random access response message providing timing advance information and uplink grant of resources of the shared channel according to a 4-step random access procedure, to determine that the 2-step random access procedure has failed upon failure to detect the random access response message as being a second message in the 2-step random access procedure, to identify the random access response message as the second message in the 4-step random access procedure, and to transmit, in response to the random access response message, second uplink data in the uplink resources granted in the random access response message according to a 4-step random access procedure.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1,5,6-12,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over "2-Step RACH Procedure" INTERDIGITAL: "2-Step RACH Procedure" from IDS in view of Xiong to (WO2020139053A1)
Regarding claims 1,5,6 "2-Step RACH Procedure" teaches an infrastructure equipment forming part of a wireless communications network for transmitting data to or receiving data from communications devices, the infrastructure equipment comprising (see sections 1 "Introduction" and 3 "2-step RACH procedure"),
transmitter circuitry configured to transmit signals to the communications devices via
a wireless access interface provided by the wireless communications network, (see section 3 ,"2-step RACH procedure" and fig. 2)
receiver circuitry configured to receive signals from the communications devices via
the wireless access interface, (see section 3 ,"2-step RACH procedure" and fig. 2) and
controller circuitry configured in combination with the receiver circuitry and the
transmitter circuitry; (see section 3 "2-step RACH procedure" and fig. 2, …the network detects a preamble, but fails to decode the data part, the network can transmit RAR instead of the eMsg2 transmission of the 2-step RACH procedure)
to detect a random access preamble transmitted by one of the communications
devices in a random access channel of the wireless access interface, (see section 2 a 4-step RACH procedure, the first two steps are intended to acquire an uplink timing alignment (TA) and a scheduling grant)
to determine that if the random access preamble was transmitted according to
a 2-step random access procedure, (see section 3 "2-step RACH procedure" and fig. 2, …the network detects a preamble, but fails to decode the data part, the network can transmit RAR instead of the eMsg2 transmission of the 2-step RACH procedure) that the 2-step random access procedure has failed, (see section 3 "2-step RACH procedure" and fig. 2, …the network detects a preamble, but fails to decode the data part, the network can transmit RAR instead of the eMsg2 transmission of the 2-step RACH procedure. The UE upon decoding the RAR transmission can fall back to 4-step procedure, then transmit Msg3 using the UL resource indicated in the RAR. In addition, the detected preamble ID can be included in the RAR)to determine resources of the shared channel granted to the communications device, and to transmit a random access response message providing timing advance information and according to a 4-step random access procedure, (see section 2 a 4-step RACH procedure, the first two steps are intended to acquire an uplink timing alignment (TA) and a scheduling grant)
"2-Step RACH Procedure" does not explicitly teach to determine a timing advance which should be used by the communications device to transmit signals to the infrastructure equipment from a time of detecting the random access preamble with respect to a time of the random access channel of the wireless access interface
However, Xiong teaches to determine a timing advance which should be used by the communications device to transmit signals to the infrastructure equipment from a time of detecting the random access preamble with respect to a time of the random access channel of the wireless access interface ([0167],[0168] discloses detecting a random access response, and acquiring timing advance configuration information carried in the random access response and uplink authorization information, by the terminal; determining, by the terminal, timing advance configuration granularity information according to the random access preamble format; and selecting an Msg3 time-frequency resource according to the uplink authorization information and the determined timing advance configuration granularity information, determining a timing sequence, and transmitting the Msg3, by the terminal)
Therefore; it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of "2-Step RACH Procedure" include determine a timing advance which should be used by the communications device to transmit signals to the infrastructure equipment from a time of detecting the random access preamble with respect to a time of the random access channel of the wireless access interface, as suggested by Xiong. This modification would benefit the system to reduce synchronization error.
Regarding claim 7, "2-Step RACH Procedure" teaches in combination with the receiver circuitry and the transmitter circuitry, to receive first uplink data in an uplink shared physical channel associated with the random access preamble according to the 2-step random access procedure(see section 3 "2-step RACH procedure" and fig. 2, …the network detects a preamble, but fails to decode the data part, the network can transmit RAR instead of the eMsg2 transmission of the 2-step RACH procedure. The UE upon decoding the RAR transmission can fall back to 4-step procedure, then transmit Msg3 using the UL resource indicated in the RAR. In addition, the detected preamble ID can be included in the RAR).
Regarding claim 8, "2-Step RACH Procedure" teaches wherein the controller circuitry is
further configured, in combination with the receiver circuitry and the transmitter circuitry, to
receive second uplink data according to the timing advance and the 4-step random access
procedure in response to transmitting the random access response message(see section 2 a 4-step RACH procedure, the first two steps are intended to acquire an uplink timing alignment (TA) and a scheduling grant).
Regarding claim 9, "2-Step RACH Procedure" teaches communications device of claim 1, wherein the second uplink data includes the first uplink data(see section 3 "2-step RACH procedure" and fig. 2)
Regarding claim 10, "2-Step RACH Procedure" teaches communications device of claim 2, wherein second uplink data includes the first uplink data and a scheduling request to transmit uplink data(see section 3 "2-step RACH procedure" and fig. 2).
Regarding claim 11, "2-Step RACH Procedure" teaches communications device of claim 1, wherein the second uplink data comprises a scheduling request to transmit uplink data(see section 3 "2-step RACH procedure" and fig. 2).
Regarding claim 12, "2-Step RACH Procedure" teaches communications device of claim 1, wherein the second uplink data includes a subset of first uplink data(see section 3 "2-step RACH procedure" and fig. 2).
Regarding claim 14, "2-Step RACH Procedure" and Xiong teaches communications device of claim 1, wherein the second uplink data is message 3 of the 4-step random access procedure(Xiong ¸[0262] discloses message 3).
Claim(s) 13,15 is/are rejected under 35 U.S.C. 103 as being unpatentable over "2-Step RACH Procedure" INTERDIGITAL: "2-Step RACH Procedure" from IDS in view of Xiong to (WO2020139053A1) further in view of Cirik to (WO2020142683A1)
Regarding claim 13, "2-Step RACH Procedure" does not explicitly teach wherein the random access preamble transmitted by one of the communications devices is included in a Message A of the 2-step random access procedure
However, Cirik teaches wherein the random access preamble transmitted by one of the communications devices is included in a Message A of the 2-step random access procedure ([00175 ] FIG. 16 , a two-step RA procedure that may comprise an uplink (UL) transmission of a two-step Msgl that may comprise a random access preamble (RAP) transmission and one or more transport blocks transmission, followed by a downlink (DL) transmission of a two-step Msg2 that may comprise a response, e.g., random access response (RAR), corresponding to the uplink transmission. The response may comprise contention resolution information. For example, the two-step Msgl may be also referred to as a message A (MsgA). For example, the two-step Msg2 may be also referred to as a message B (MsgB))
Therefore; it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of "2-Step RACH Procedure" and Xiong include wherein the random access preamble transmitted by one of the communications devices is included in a Message A of the 2-step random access procedure, as suggested by Cirik. This modification would benefit the system to reduce synchronization error.
Regarding claims 15, "2-Step RACH Procedure" does not explicitly teach wherein the controller, is further configured, in combination with the receiver circuitry and the transmitter circuitry, to transmit the random access response message in a downlink transport block in a downlink shared channel
However, Cirik teaches to transmit the random access response message in a downlink transport block in a downlink shared channel ([00175 ] FIG. 16 , a two-step RA procedure that may comprise an uplink (UL) transmission of a two-step Msgl that may comprise a random access preamble (RAP) transmission and one or more transport blocks transmission, followed by a downlink (DL) transmission of a two-step Msg2 that may comprise a response, e.g., random access response (RAR), corresponding to the uplink transmission)
Therefore; it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of "2-Step RACH Procedure" and Xiong include to transmit the random access response message in a downlink transport block in a downlink shared channel, as suggested by Cirik. This modification would benefit the system to reduce synchronization error.
Allowable Subject Matter
Claims 2-4 ,16-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
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