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 .
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 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 1-2, 4, 6-8, 10 and 19-20 are rejected under 35 U.S.C. 102(a2) as being anticipated by Da Silva et al (US20250301508A1, Pro 63550361 Priority Date: Feb 06, 2024).
Regarding claim 1, Da Silva’508 discloses a method of wireless communication performed by a user equipment (UE) (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), comprising:
receiving a lower-layer triggered mobility (LTM) cell switch command (LTM cell switch command, par 0037) that indicates a transmission configuration indication (TCI) state (TCI State Id, par 0037) and a first synchronization signal block (SSB) index (see, UE receives LTM cell switch command includes TCI State Id and further includes SS/PBCH index, par 0037, 0061. Noted, SS/PBCH index for CFRA can be equated to first SSB index, par 0061), wherein the TCI state indicated in the LTM cell switch command (activated TCI state indicated by TCI State Id in LTM cell switch command, par 0037) is associated with a second SSB index (SSB index configured for activated TCI state, par 0045) that differs from the first SSB index (see, UE configured with SSB index for activated TCI state (with activated TCI state indicated by LTM cell switch command) and SS/PBCH index for CFRA indicated in LTM cell switch command, and thus SSB index and SS/PBCH index for CFRA are different, par 0037, 0045, 0061);
communicating using a beam associated with the first SSB index (SS/PBCH index for CFRA can be equated to first SSB index, par 0061) until a first time (see, Fig. 3 block 360-370, UE performs CFRA (Contention Free Random Access) using beam according to SS/PBCH index for CFRA triggered by LTM cell switch command, par 0052, 0060-0061. Noted, the moment that CFRA being triggered can be equated to first time, par 0060-0061), wherein the first time (the moment that CFRA being triggered can be equated to first time, par 0060-0061) is related to a random access channel (RACH) procedure triggered by the LTM cell switch command (see, CFRA being triggered by LTM cell switch command, par 0060-0061); and
communicating using the TCI state associated with the second SSB index (SSB index configured as QCL source of the activated TCI state, par 0052-0053) starting at a second time (see, Fig. 3 block 360-370, UE triggers CBRA and transmits selected preamble based on selected beam according to SSB index of active TCI state after RAR for CFRA not received, par 0052-0053, 0060. Noted, Fig3, the moment triggers CBRA can be equated to second time, par 0053), wherein the second time (CBRA triggered, par 0060) is related to the first time (see, CBRA triggered (second time) after RAR for CFRA (first time) not received within the configured RAR time window, par 0060).
Regarding claim 2, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), wherein the first time (CFRA being triggered can be equated to first time, par 0060-0061) is related to transmission of a physical random access channel (PRACH) associated with the RACH procedure (see, CFRA (Contention Free Random Access) being triggered (first time) to transmit preamble on PRACH by LTM cell Switch Command, par 0060-0061).
Regarding claim 4, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), wherein the first time (CFRA being triggered can be equated to first time, par 0060-0061) is related to reception of a random access response message (RAR, par 0060) associated with the RACH procedure (see, CFRA being triggered by transmitting PRACH and RAR would be received from LTM candidate cell within configured RAR time window, par 0060-0061).
Regarding claim 6, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), wherein the first time (CFRA being triggered can be equated to first time, par 0060-0061) is related to successful completion of the RACH procedure (see, UE perform CFRA for one or more failed random access attempts, and thus CFRA could counted as after one or more successful completion of the RACH procedure if failed one or more random access attempts, par 0067).
Regarding claim 7, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), wherein the second time corresponds to the first time (see, CBRA triggered (second time) after RAR for CFRA (first time) not received within the configured RAR time window, and thus CBRA triggered corresponding to CFRA (first time) in terms of configured RAR time window timing-wise, par 0060).
Regarding claim 8, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), wherein the second time (CBRA triggered can be equated to second time, par 0060) is at least a minimum time gap (configured RAR time window can be equated to minimum time gap, par 0060) after a time that is related to reception of a medium access control (MAC) control element (MAC-CE) activating the TCI state indicated in the LTM cell switch command (see, CBRA triggered only after RAR not received within configured RAR time window for CFRA triggered by LTM cell switch MAC CE command with activated TCI state, par 0032, 0037, 0060-0061. Noted, TCI state ID in LTM cell switch command considered as activated after the LTM cell switch, par 0037).
Regarding claim 10, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031), wherein the second time (CBRA triggered can be equated to second time, par 0060) is at least a minimum time gap (configured RAR time window can be equated to minimum time gap, par 0060) after a time that is related to reception of a medium access control (MAC) control element (MAC-CE) carrying the LTM cell switch command (see, CBRA triggered only after RAR not received within configured RAR time window for CFRA triggered by MAC CE with LTM cell switch command, par 0032, 0060-0061).
Regarding claim 19, Claim 19 recites a user equipment (UE) for wireless communication performing the steps recited in claim 1 and thereby, is rejected for the reasons discussed above with respect to claim 1.
Regarding claim 20, Claim 20 recites an apparatus for wireless communication performing the steps recited in claim 1 and thereby, is rejected for the reasons discussed above with respect to claim 1.
Claim Rejections - 35 USC § 103
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 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 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 col. 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva’508 in view of Prasad et al (US20250234257A1, PCT Pro 63457376 Priority Date: Apr 05, 2023).
Regarding claim 3, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein the first time is related to reception of a physical downlink control channel (PDCCH) scheduling a random access response message associated with the RACH procedure.
However Prasad’257 from the same field of endeavor (see, Fig. 17, procedure(s) for LTM including repeating early synchronization, LTM execution, and/or LTM completion steps/procedures, par 0235) discloses: wherein the first time (TA acquisition by RA procedure before cell switch command can be equated to first time, par 0239) is related to reception of a physical downlink control channel (PDCCH) scheduling a random access response message associated with the RACH procedure (see, UE performs TA acquisition by RA procedure (first time) before cell switch command (second time), and RA configuration scheduled by DCI, par 0239, 0327, 0470).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Prasad’257 into that of Da Silva’508. The motivation would have been to improve handling TATs when wireless device determines one or more TAs of one or more cells in/for/during an LTM procedure (par 0349).
Regarding claim 5, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein the first time is related to transmission of a physical uplink shared channel (PUSCH) scheduled by a random access response message associated with the RACH procedure.
However Prasad’257 from the same field of endeavor (see, Fig. 17, procedure(s) for LTM including repeating early synchronization, LTM execution, and/or LTM completion steps/procedures, par 0235) discloses: wherein the first time (TA acquisition by RA procedure before cell switch command can be equated to first time, par 0239) is related to transmission of a physical uplink shared channel (PUSCH) scheduled by a random access response message (random-access response indicates uplink grant for PUSCH, par 0259, 0327) associated with the RACH procedure (see, wireless device adjusts uplink timing for uplink transmissions including random-access response granted PUSCH in the future, par 0239, 0252, 0259, 0327).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Prasad’257 into that of Da Silva’508. The motivation would have been to improve handling TATs when wireless device determines one or more TAs of one or more cells in/for/during an LTM procedure (par 0349).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva’508 in view of Wallentin et al (US20260040157A1, PCT Priority Date: Aug 08, 2023).
Regarding claim 13, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: where an interruption time associated with switching from the beam associated with the first SSB index to the TCI state associated with the second SSB index is related to a duration between the first time and the second time.
However Wallentin’157 from the same field of endeavor (see, Fig. 11, UE configured with conditional reconfiguration for L1/L2 based inter-cell mobility in distributed CU/DU RAN architecture, par 0170) discloses: where an interruption time (UE stopping to monitor control and/or data channels in the serving cell till acknowledge to the serving cell which eventually which conditional reconfigurations has been used (resume monitoring), par 0103-0112, 0132) associated with switching from the beam associated with the first SSB index to the TCI state associated with the second SSB index (inter-cell mobility serving cell change by changing beam (with corresponding SSB index in serving cell) to TCI state (with corresponding SSB index in target cell), par 0112-0130) is related to a duration between the first time and the second time (see, UE performs inter-cell mobility serving cell change by stopping to monitor control and/or data channels in the serving cell when execution condition fulfilled till acknowledgement to the serving cell eventually which conditional reconfigurations has been used (resume monitoring) and by changing beam with corresponding SSB index in serving cell to TCI state with corresponding SSB index in target cell, par 0103-0132. Noted, Fig. 3, monitor network conditions for execution condition in conditional reconfiguration, and thus acknowledgement indicating eventually which conditional reconfigurations has been used can be taken as resuming monitoring, par 0112, 0132).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Wallentin’157 into that of Da Silva’508. The motivation would have been to enhance mobility in wireless communication systems (par 0004).
Regarding claim 14, Da Silva’508 discloses the method of claim 13 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein a physical downlink control channel (PDCCH) and a physical downlink shared channel (PDSCH) are not monitored during the interruption time.
However Wallentin’157 from the same field of endeavor (see, Fig. 11, UE configured with conditional reconfiguration for L1/L2 based inter-cell mobility in distributed CU/DU RAN architecture, par 0170) discloses: wherein a physical downlink control channel (PDCCH) and a physical downlink shared channel (PDSCH) are not monitored during the interruption time (see, UE stops to monitor control and/or data channels in the serving cell between execution condition fulfilled till acknowledgement to the serving cell eventually which conditional reconfigurations has been used (resume monitoring), par 0103-0132. Noted, control channel and data channel implies PDCCH (control channel) and PDSCH (data channel) included).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Wallentin’157 into that of Da Silva’508. The motivation would have been to enhance mobility in wireless communication systems (par 0004).
Regarding claim 15, Da Silva’508 discloses the method of claim 13 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein a physical uplink control channel (PUCCH) and a physical uplink shared channel (PUSCH) are not transmitted during the interruption time.
However Wallentin’157 from the same field of endeavor (see, Fig. 11, UE configured with conditional reconfiguration for L1/L2 based inter-cell mobility in distributed CU/DU RAN architecture, par 0170) discloses: wherein a physical uplink control channel (PUCCH) and a physical uplink shared channel (PUSCH) are not transmitted during the interruption time (see, UE stops to monitor control and/or data channels in the serving cell between execution condition fulfilled till acknowledgement to the serving cell eventually which conditional reconfigurations has been used (resume monitoring), par 0103-0132. Noted, control channel and data channel implies PUCCH (control channel) and PUSCH (data channel) included).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Wallentin’157 into that of Da Silva’508. The motivation would have been to enhance mobility in wireless communication systems (par 0004).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva’508 in view of Shih et al (US 20260223231 A1, PCT Priority Date: Jan 17, 2024).
Regarding claim 16, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein the TCI state indicated in the LTM cell switch command includes a downlink TCI state and an uplink TCI state, and wherein the second time is a common application time applied to both the downlink TCI state and the uplink TCI state.
However Shih’231 from the same field of endeavor (see, Fig. 3, signaling exchange between a UE and a source cell (a gNB) for an LTM procedure, par 0222) discloses: wherein the TCI state indicated in the LTM cell switch command includes a downlink TCI state and an uplink TCI state (see, cell switch command including unified TCI state (e.g., the joint TCI state, the DL TCI state, the UL TCI state), and thus both DL and UL TCI state, par 0122), and wherein the second time (set / (re)start the timer associated with the RRC pre-configuration when L1/L2 mobility enhancement (cell switch) is triggered can be equated to first and second time, par 0092, 0139-0140) is a common application time applied to both the downlink TCI state and the uplink TCI state (see, set / restart the timer associated with the RRC pre-configuration when L1/L2 mobility enhancement (cell switch) applies to unified TCI state (joint TCI state), and thus is common application time applied to both the downlink TCI state and the uplink TCI state, par 0080, 0092, 0122, 0139-0140. Noted, unified TCI configuration may be equivalent to the fact that the UE is configured with the unified TCI state operation, par 0080).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Shih’231 into that of Da Silva’508. The motivation would have been to enhance mobility in wireless communication systems (par 0004).
Regarding claim 17, Da Silva’508 discloses the method of claim 16 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein the common application time is a later of a first application time associated with the downlink TCI state or a second application time associated with the uplink TCI state.
However Shih’231 from the same field of endeavor (see, Fig. 3, signaling exchange between a UE and a source cell (a gNB) for an LTM procedure, par 0222) discloses: wherein the common application time (restart the timer associated with the RRC pre-configuration when L1/L2 mobility enhancement (cell switch) applies to unified TCI state (second time), and thus is common application time applied to both the downlink TCI state and the uplink TCI state, par 0080, 0092, 0122, 0139-0140) is a later of a first application time associated with the downlink TCI state (initial cell switch command with DL TCI state, par ) or a second application time associated with the uplink TCI state (see, UE requested cell switch command (with Unified TCI state) triggered timer associated with the RRC pre-configuration after reception of initial cell switch command (with DL or UL TCI), par 0122, 0170. Noted, cell switch command includes any of joint TCI state, the DL TCI state, the UL TCI state, par 0122).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Shih’231 into that of Da Silva’508. The motivation would have been to enhance mobility in wireless communication systems (par 0004).
Regarding claim 18, Da Silva’508 discloses the method of claim 1 (see, Fig. 1-2, LTM cell switch procedure in NR system comprises UEs, gNB and 5GC, par 0003-0004, 0028-0031).
Da Silva’508 discloses all the claim limitations but fails to explicitly teach: wherein the TCI state indicated in the LTM cell switch command includes a downlink TCI state and an uplink TCI state, and wherein the second time is separately applied to the downlink TCI state and the uplink TCI state.
However Shih’231 from the same field of endeavor (see, Fig. 3, signaling exchange between a UE and a source cell (a gNB) for an LTM procedure, par 0222) discloses: wherein the TCI state indicated in the LTM cell switch command includes a downlink TCI state and an uplink TCI state (see, cell switch command including unified TCI state (e.g., the joint TCI state, the DL TCI state, the UL TCI state), and thus both DL and UL TCI state, par 0122), and wherein the second time (both timer for restart UL synchronization and timer for restart DL synchronization can be equated to second time, par 0155, 0162) is separately applied to the downlink TCI state and the uplink TCI state (see, timer for restart UL synchronization (timer started when L1/L2 mobility enhancement (cell switch) is triggered) and timer for restart DL synchronization (timer started when L1/L2 mobility enhancement (cell switch) is triggered), and thus timer are separately applied to DL TCI state and UL TCI state after LTM cell switching successful, par 0092, 0155, 0162).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the method as taught by Shih’231 into that of Da Silva’508. The motivation would have been to enhance mobility in wireless communication systems (par 0004).
Allowable Subject Matter
Claim(s) 9 and 11-12 is/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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lin et al (US20240284279A1) discloses: During the LTM procedure, the source cell may inform a UE of cell-switching-related information via a cell switch command. In some implementations, the cell switch command may include an RRC pre-configuration, a MAC CE, or DCI. In some implementations, the cell switch command may include the IDs of candidate cells (e.g., the PCI indexes of the candidate cells, additional PCI indexes, and/or the PCI index of the serving cell), the ID of the target cell (e.g., PCI index of the target cell), RRC pre-configuration index associated with the candidate cells or the target cell, BWP information for the candidate cells or the target cell, TA information, associated reference signal information (e.g., SSB index or CSI-RS resource index), and/or TCI state configuration for the candidate cells or the target cell. After receiving the cell switch command from the source cell, the UE may switch from the serving cell to the target cell indicated in the cell switch command. In some implementations, the cell switching may include a PCell change (e.g., switch from the source PCell to the target PCell), an SCell change, and/or a PSCell change. In some implementations, the target cell may include an SCell before switching. In some implementations, the target cell may include a PSCell before switching. In some implementations, the target cell may include a non-serving cell before switching (par 0057).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUAN LU whose telephone number is (571)272-2844. The examiner can normally be reached on Monday - Friday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KWANG Yao can be reached on (571)272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XUAN LU/ Primary Examiner, Art Unit 2473
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