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 Objections
Claims 23, 24 recites the limitation
A non-transitory computer readable medium comprising instructions stored thereon for performing….:
Claim objection under minor informalities:
Claims 23, 24 recite, A non-transitory computer readable medium comprising instructions …” in lines 1-2.
“A non-transitory computer-readable medium” merely serves as support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists.
In particular, a non-transitory computer readable medium cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
As such, the functional language, “executing/processing data instruction stored in a non-transitory computer readable medium by a CPU or a computer processor” adds functional relationship to the clamed invention.
Appropriate correction is required. (see MPEP 2111.05)
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.
Claims 1-24 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 1 recites the limitation “the individual transmission configuration indicators states” in the last clause of the claim. There is no antecedence for this limitation in the claim.
Claim 11 recites the limitation “the individual transmission configuration indicators states” in the last clause of the claim. There is no antecedence for this limitation in the claim.
Claim 21 recites the limitation “the individual transmission configuration indicators states” in the last clause of the claim. There is no antecedence for this limitation in the claim.
Claim 22 recites the limitation “the individual transmission configuration indicators states” in the last clause of the claim. There is no antecedence for this limitation in the claim.
Claim 23 recites the limitation “the individual transmission configuration indicators states” in the last clause of the claim. There is no antecedence for this limitation in the claim.
Claim 24 recites the limitation “the individual transmission configuration indicators states” in the last clause of the claim. There is no antecedence for this limitation in the claim.
Claims 2-10, 12-20 are rejected for claiming dependency from above claims 1, 11 respectively.
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 (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 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 1-3, 8, 11-13, 18, 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al (USPN 20230007504) in view of Tao (CN 117581503 A), translation provided.
Regarding claim 1, Jang discloses
an apparatus, comprising: (UE, FIG. 28, comprising [0666-0671]
at least one processor (processor, FIG. 28 #2805 [0667]
at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: (memory storing a program executed by processor to perform [0670, 0671, 0678-0680]
receive one or more medium-access-control control-elements for one or more transmission configuration indicator state activations (UE receives configuration of TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determine in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
Tao discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (pages 25-26)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by Tao into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (Tao, pages 25-26)
Claim 21 is rejected based on similar ground(s) provided in rejection of claim 1.
Regarding claim 23, Jang discloses
a non-transitory computer readable medium comprising instructions stored thereon for performing at least the following: (memory comprising program executed by processor to perform [0666-0668, 0670, 0671, 0678-0680]
receiving one or more medium-access-control control-elements for one or more transmission configuration indicator state activations (UE receives configuration of TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determining in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
Tao discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (pages 25-26)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by Tao into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (Tao, pages 25-26)
Regarding claim 11, Jang discloses
an apparatus, comprising: (base station, FIG. 29, comprising [0672]
at least one processor (processor, FIG. 29 #2905 [0673]
at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: (memory contains instructions executed by processor to perform [0673, 0676-0680]
transmit, to a user equipment, one or more medium-access-control control elements for one or more transmission configuration indicator state activations (configures UE with TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determine in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
Tao discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (pages 25-26)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by Tao into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (Tao, pages 25-26)
Claim 22 is rejected based on similar ground(s) provided in rejection of claim 11.
Regarding claim 24, Jang discloses
a non-transitory computer readable medium comprising instructions stored thereon for performing at least the following: (memory contains instructions executed by processor to perform [0673, 0676-0680]
transmitting, to a user equipment, one or more medium-access-control control elements for one or more transmission configuration indicator state activations (configures UE with TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determining in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
Tao discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (pages 25-26)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by Tao into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (Tao, pages 25-26)
Regarding claims 2, 12, Jang discloses “determining a transmission configuration indicator state to activate first, based on a periodicity of a synchronization signal block associated to the transmission configuration indicator state” UE may determine a search space, to which the control resource set is associated, having a short period has a high priority and perform RLM RS selection from the reference RS of the TCI state configured [0512]
Regarding claims 3, 13, Jang discloses “determine to activate a first transmission configuration indicator state first, in response to a periodicity of a first synchronization signal block associated to the first transmission configuration indicator state being longer than a periodicity of a second synchronization signal block associated to a second transmission configuration indicator state” a specific order of TCI states activated in the control resource set (first or second TCI state is prioritized), a TCI state index…a reference RS period (shorter or longer period is prioritized) [0645, 0512, 0513, 0525-0627]
Regarding claim 8, Jang discloses “wherein one of the transmission configuration indicator states is activated based on a decoding of the one or more medium-access-control control-elements” UE receives single TCI activation via MAC-CE [0220-0222, 0298-0304]
Regarding claim 18, Jang discloses “wherein the one or more medium-access-control control- elements causes the user equipment to activate one of the individual transmission configuration indicator states” single TCI activation via MAC-CE [0220-0222, 0298-0304]
Claims 4, 9, 14, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jang and Tao as applied to claims 1, 11 respectively and in further view of 3GPP TSG-RAN WG4 Meeting #108bis R4-2315410, provided by Applicant’s IDS, hereafter 3GPP.
Regarding claims 4, 14, combined system of Jang and Tao does not expressly disclose “wherein the first transmission configuration indicator state is known and the second transmission configuration indicator state is known”
3GPP discloses both target TCI states are known in the active TCI state list (Section 2.2.1)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the first transmission configuration indicator state is known and the second transmission configuration indicator state is known” as taught by 3GPP into combined system of Jang and Tao with the motivation to determine whether associated SSBs overlapping (3GPP Section 2.2.1)
Regarding claims 9, 19, combined system of Jang and Tao does not expressly disclose “determine a requirement for a transmission configuration indicator state switch delay, based on the synchronization signal blocks of associated transmission configuration indicator states being overlapping or adjacent, in response to receipt of the one or more medium-access-control control-elements”
3GPP discloses delay calculated for scenario where two SSBs overlapped and UE switching from SSB with smaller periodicity to other SSB
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement ““determine a requirement for a transmission configuration indicator state switch delay, based on the synchronization signal blocks of associated transmission configuration indicator states being overlapping or adjacent, in response to receipt of the one or more medium-access-control control-elements” as taught by 3GPP into combined system of Jang and Tao with the motivation to determine whether associated SSBs overlapping (3GPP Sections 2.2, 2.2.1)
Claims 5, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jang and Tao as applied to claims 1, 11 respectively and in further view of Cui et al (USPN 20210378042).
Regarding claims 5, 15, Jang discloses determines which TCI state takes priority [0224-0230, 0612-0654]
Combined system of Jang and Tao does not expressly disclose “determining that a transmission configuration indicator state that is associated with a synchronization signal block that comes first in time after a decoding of the one or more medium-access-control control-elements is activated first”
Cui discloses Tfirst-SSB as timing between MAC CE command being decoded by the UE to the first SSB transmission after [0031]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “determining that a transmission configuration indicator state that is associated with a synchronization signal block that comes first in time after a decoding of the one or more medium-access-control control-elements is activated first” as taught by Cui into combined system of Jang and Tao with the motivation to apply ordering/priority rule taught by Jang into timing between MAC CE command being decoded by the UE to the first SSB transmission after to activate TCI state with shortest time.
Claims 7, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jang and Tao as applied to claims 1, 11 respectively and in further view Raghavan et al (USPN 20230224777).
Regarding claims 7, 17, combined system of Jang and Tao does not expressly disclose “determining to activate first a first transmission configuration indicator state that is known rather than a second transmission configuration indicator state that is unknown”
Raghavan discloses known TCI state is preferred due to shorter delay time [0134, 0143]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “determining to activate first a first transmission configuration indicator state that is known rather than a second transmission configuration indicator state that is unknown” as taught by Raghavan into combined system of Jang and Tao with the motivation to determine a preference between known/unknown TCI state based on delay (Raghavan, paragraph [0134, 0143])
Claims 1, 11, 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al (USPN 20230007504) in view of 3GPP TSG-RAN WG4 Meeting #108bis R4-2315410, provided by Applicant’s IDS, hereafter 3GPP.
Regarding claim 1, Jang discloses
an apparatus, comprising: (UE, FIG. 28, comprising [0666-0671]
at least one processor (processor, FIG. 28 #2805 [0667]
at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: (memory storing a program executed by processor to perform [0670, 0671, 0678-0680]
receive one or more medium-access-control control-elements for one or more transmission configuration indicator state activations (UE receives configuration of TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determine in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
3GPP discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (Section 2.2.1)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by 3GPP into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (3GPP Section 2.2.1)
Claim 21 is rejected based on similar ground(s) provided in rejection of claim 1.
Regarding claim 23, Jang discloses
a non-transitory computer readable medium comprising instructions stored thereon for performing at least the following: (memory comprising program executed by processor to perform [0666-0668, 0670, 0671, 0678-0680]
receiving one or more medium-access-control control-elements for one or more transmission configuration indicator state activations (UE receives configuration of TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determining in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
3GPP discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (Section 2.2.1)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by 3GPP into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (3GPP Section 2.2.1)
Regarding claim 11, Jang discloses
an apparatus, comprising: (base station, FIG. 29, comprising [0672]
at least one processor (processor, FIG. 29 #2905 [0673]
at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: (memory contains instructions executed by processor to perform [0673, 0676-0680]
transmit, to a user equipment, one or more medium-access-control control elements for one or more transmission configuration indicator state activations (configures UE with TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determine in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
3GPP discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (Section 2.2.1)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by 3GPP into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (3GPP Section 2.2.1)
Claim 22 is rejected based on similar ground(s) provided in rejection of claim 11.
Regarding claim 24, Jang discloses
a non-transitory computer readable medium comprising instructions stored thereon for performing at least the following: (memory contains instructions executed by processor to perform [0673, 0676-0680]
transmitting, to a user equipment, one or more medium-access-control control elements for one or more transmission configuration indicator state activations (configures UE with TCI states for activation via MAC-CE [0220-0222, 0298-0304], FIGs. 8, 21, 25
wherein the transmission configuration indicators states are activated with the one or more medium-access-control control-elements (activating TCI states with MAC-CE [0214-0222]
determining in which order the individual transmission configuration indicator states are activated (determines which TCI state takes priority [0224-0230, 0612-0654]
Jang does not expressly disclose wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent
3GPP discloses wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent (SSBs associated with TCI states overlap (Section 2.2.1)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein synchronization signal blocks of associated transmission configuration indicator states are overlapping or adjacent” as taught by 3GPP into Jang’s system with the motivation to resolve conflict due to SSBs overlapping (3GPP Section 2.2.1)
Allowable Subject Matter
Claims 6, 10, 16, 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
Bai et al (USPN 20220124739) FIG. 4
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/THAI NGUYEN/Primary Examiner, Art Unit 2469
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