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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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. (12127145 B2) in view of Bergstrom et al. (US 20130201911 A1).
The reference patent claims differ from the instant claims in that they do not explicitly disclose the time adjustment being based on an adjustment rate and a maximum amount of timing change.
However, Bergstrom discloses “wherein the time adjustment is based on an adjustment rate and a maximum amount of timing change” (See [0083] The adjustment information, e.g. the at least one parameter, may be e.g. a maximum magnitude in an uplink timing change per increment, a minimum aggregate uplink timing adjustment rate, or a maximum aggregate uplink timing adjustment rate).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of U.S. Patent No. 12127145 B2 with the teachings of Bergstrom, and the motivation to do so would have been to avoid sudden and relatively large changes in the transmit timing, thus ensuring that the network performance is not degraded (Bergstrom [0045]).
Claims 12-20 are also rejected for the same reasons.
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.
Claims 1-2, 4, 7, 9, 12-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bergstrom et al. (US 20130201911 A1) in view of Li et al. (US 20180020330 A1).
Regarding claim 1,
Bergstrom discloses “A method for wireless communication, comprising: receiving an indication of a high-speed configuration for a device” (See [0040] a method in a user equipment for adjusting a transmit timing of uplink transmissions to a network node in a telecommunications system. [0081] the user equipment may receive adjustment information from the network node. [0093] transmit timing adjustment may be based on pre-defined rules or application rules. [0110] The at least one application rule may also be provided by the network node, e.g. in the receiving of adjustment information from the network node. [0101] The application rules depend on one or more factors. [0107] For example, a user speed such as a user equipment speed above a predetermined threshold. [0130] The network node may also indicate the condition under which the user equipment should apply the pre-defined rules. For example, the network node may indicate that the user equipment should apply the rules only if its speed is above a particular threshold.
Note: Bergstrom discloses receiving adjustment information including application rules that are applied when the UE speed exceeds a threshold. Such rules constitute configuration information associated with high-speed operation, and thus correspond to a high-speed configuration); “determining a time adjustment to an uplink timing for the device based at least in part on the indication of the high-speed configuration for the device” (See [0093] transmit timing adjustment, may be based on pre-defined rules or application rules, [0095] More specifically, the pre-defined rules governing the adjustments of the transmit timing of uplink transmissions, i.e., the uplink timing adjustments, made by the user equipment), “wherein the time adjustment is based on an adjustment rate and a maximum amount of timing change” (See [0083] The adjustment information, the at least one parameter, may be e.g. a maximum magnitude in an uplink timing change per increment, a minimum aggregate uplink timing adjustment rate, or a maximum aggregate uplink timing adjustment rate); “and transmitting an uplink transmission by the device based at least in part on the determined time adjustment to the uplink timing” (See [0123] the network node determines adjustment information for an incremental adjustment of the transmit timing of uplink transmissions for the serving cells in the group of serving cells. [0142] the user equipment 121 transmits an uplink signal on a serving cell A and a serving cell B. Note: The UE transmits uplink transmission to the serving cells based on the adjustment).
Bergstrom discloses receiving adjustment information including application rules that are applied when the UE speed exceeds a threshold. Such rules constitute configuration information associated with high-speed scenario, and thus correspond to a high-speed configuration, but does not explicitly disclose an indication that the UE is in a high-speed scenario.
However, Li discloses “receiving an indication of a high-speed configuration for a device” (See [0025] obtaining by the UE from a base station, notification information indicating that the UE is in the high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Regarding claim 2,
Bergstrom in view of Li discloses “The method of claim 1, wherein receiving the indication of the high-speed configuration for the device comprises determining that the device is traveling above a predetermined velocity” (See Bergstrom [0101] The application rules depend on one or more factors. [0107] For example, a user speed such as a user equipment speed above a predetermined threshold. See Li [0030] estimating by the base station, a moving speed of the UE before the sending, to the UE, notification information that the UE is in the high-speed moving state; and performing, when the moving speed is greater than a speed threshold, the step of sending, to the UE, notification information that the UE is in a high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Regarding claim 4,
Bergstrom in view of Li discloses “The method of claim 1, further comprising receiving the indication of the high-speed configuration from an access node, AN” (See Bergstrom [0081] the user equipment may receive adjustment information from the network node. See Li [0025] obtaining by the UE from a base station, notification information indicating that the UE is in the high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Regarding claim 7,
Bergstrom in view of Li discloses “The method of claim 4, wherein the indication from the AN is transmitted to the device by radio resource control, RRC, signaling or medium access control, MAC, signaling” (See Li [0026] obtaining, by the UE from a base station, notification information indicating that the UE is in the high-speed moving state is obtaining, by the UE, an RRC connection reconfiguration message from the base station, where a first indicator bit in the RRC connection reconfiguration message is used to indicate that the UE is in the high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom with the teachings of Li, to transmit the high-speed configuration vie RRC signaling, and the motivation to do so would have been to reduce signaling overhead.
Regarding claim 9,
Bergstrom in view of Li discloses “The method of claim 1, wherein the time adjustment is within a maximum amount of a magnitude of a single autonomous time adjustment to the uplink timing by the device” (See Bergstrom [0095], [0096] the uplink timing adjustments made by the user equipment may comprise a maximum amount of the magnitude of the uplink timing change in one adjustment step).
Regarding claim 12,
Bergstrom discloses “A device for wireless communication, comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising” (See Fig. 13): “receiving an indication of a high-speed configuration for a device” (See [0040] a method in a user equipment for adjusting a transmit timing of uplink transmissions to a network node in a telecommunications system. [0081] the user equipment may receive adjustment information from the network node. [0093] transmit timing adjustment may be based on pre-defined rules or application rules. [0110] The at least one application rule may also be provided by the network node, e.g. in the receiving of adjustment information from the network node. [0101] The application rules depend on one or more factors. [0107] For example, a user speed such as a user equipment speed above a predetermined threshold. [0130] The network node may also indicate the condition under which the user equipment should apply the pre-defined rules. For example, the network node may indicate that the user equipment should apply the rules only if its speed is above a particular threshold. Note: Bergstrom discloses receiving adjustment information including application rules that are applied when the UE speed exceeds a threshold. Such rules constitute configuration information associated with high-speed operation, and thus correspond to a high-speed configuration); “determining a time adjustment to an uplink timing for the device based at least in part on the indication of the high-speed configuration for the device” (See [0093] transmit timing adjustment, may be based on pre-defined rules or application rules, [0095] More specifically, the pre-defined rules governing the adjustments of the transmit timing of uplink transmissions, i.e., the uplink timing adjustments, made by the user equipment), “wherein the time adjustment is based on an adjustment rate and a maximum amount of timing change” (See [0083] The adjustment information, the at least one parameter, may be e.g. a maximum magnitude in an uplink timing change per increment, a minimum aggregate uplink timing adjustment rate, or a maximum aggregate uplink timing adjustment rate); “and transmitting an uplink transmission by the device based at least in part on the determined time adjustment to the uplink timing” (See [0123] the network node determines adjustment information for an incremental adjustment of the transmit timing of uplink transmissions for the serving cells in the group of serving cells. [0142] the user equipment 121 transmits an uplink signal on a serving cell A and a serving cell B. Note: The UE transmits uplink transmission to the serving cells based on the adjustment).
Bergstrom discloses receiving adjustment information including application rules that are applied when the UE speed exceeds a threshold. Such rules constitute configuration information associated with high-speed scenario, and thus correspond to a high-speed configuration, but does not explicitly disclose an indication that the UE is in a high-speed scenario.
However, Li discloses “receiving an indication of a high-speed configuration for a device” (See [0025] obtaining by the UE from a base station, notification information indicating that the UE is in the high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Regarding claim 13,
Bergstrom in view of Li discloses “The device of claim 12, wherein receiving the indication of the high-speed configuration for the device comprises determining that the device is traveling above a predetermined velocity” (See Bergstrom [0101] The application rules depend on one or more factors. [0107] For example, a user speed such as a user equipment speed above a predetermined threshold. See Li [0030] estimating by the base station, a moving speed of the UE before the sending, to the UE, notification information that the UE is in the high-speed moving state; and performing, when the moving speed is greater than a speed threshold, the step of sending, to the UE, notification information that the UE is in a high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Regarding claim 14,
Bergstrom in view of Li discloses “The device of claim 12, wherein the one or more processors are configured to perform operations comprising receiving the indication of the high-speed configuration from an access node, AN” (See Bergstrom [0081] the user equipment may receive adjustment information from the network node. See Li [0025] obtaining by the UE from a base station, notification information indicating that the UE is in the high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Regarding claim 18,
Bergstrom discloses “An access node, AN, comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising” (See Fig. 12): “transmitting, to a device, an indication of a high-speed configuration for the device, wherein the indication causes the device to determine a time adjustment to an uplink timing” (See [0040] a method in a user equipment for adjusting a transmit timing of uplink transmissions to a network node in a telecommunications system. [0081] the user equipment may receive adjustment information from the network node. [0093] transmit timing adjustment may be based on pre-defined rules or application rules. [0110] The at least one application rule may also be provided by the network node, e.g. in the receiving of adjustment information from the network node. [0101] The application rules depend on one or more factors. [0107] For example, a user speed such as a user equipment speed above a predetermined threshold. [0130] The network node may also indicate the condition under which the user equipment should apply the pre-defined rules. For example, the network node may indicate that the user equipment should apply the rules only if its speed is above a particular threshold. Note: Bergstrom discloses receiving adjustment information including application rules that are applied when the UE speed exceeds a threshold. Such rules constitute configuration information associated with high-speed operation, and thus correspond to a high-speed configuration), “the time adjustment for the device based at least in part on the indication of the high-speed configuration for the device” (See [0093] transmit timing adjustment, may be based on pre-defined rules or application rules, [0095] More specifically, the pre-defined rules governing the adjustments of the transmit timing of uplink transmissions, i.e., the uplink timing adjustments, made by the user equipment), “and the time adjustment is based on an adjustment rate and a maximum amount of timing change” (See [0083] The adjustment information, the at least one parameter, may be e.g. a maximum magnitude in an uplink timing change per increment, a minimum aggregate uplink timing adjustment rate, or a maximum aggregate uplink timing adjustment rate); “and receiving an uplink transmission from the device, wherein the uplink transmission is transmitted based on the uplink timing” (See [0123] the network node determines adjustment information for an incremental adjustment of the transmit timing of uplink transmissions for the serving cells in the group of serving cells. [0142] the user equipment 121 transmits an uplink signal on a serving cell A and a serving cell B. Note: The UE transmits uplink transmission to the serving cells based on the adjustment).
Bergstrom discloses receiving adjustment information including application rules that are applied when the UE speed exceeds a threshold. Such rules constitute configuration information associated with high-speed scenario, and thus correspond to a high-speed configuration, but does not explicitly disclose an indication that the UE is in a high-speed scenario.
However, Li discloses “receiving an indication of a high-speed configuration for a device” (See [0025] obtaining by the UE from a base station, notification information indicating that the UE is in the high-speed moving state).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom of adjusting uplink timing based on rules depending on factors including UE speed being above a threshold, with Li’s explicit indication to the UE that it is in a high-speed moving state, and the motivation to do so would have been to apply a known signaling technique (explicit high-speed indication) to an existing mobility-dependent timing adjustment scheme, thereby improving uplink timing accuracy and stability for high-mobility scenarios.
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Bergstrom et al.
(US 2013/0201911 A1) in view of Li et al. (US 20180020330 A1) and further in view of Suzuki et al. (US 2014/0086219 A1).
Regarding claim 3,
Bergstrom in view of Li discloses “The method of claim 2” but does not explicitly disclose a sensor being coupled to the device.
However, Suzuki discloses “wherein the determination that the device is traveling above the predetermined velocity is based on data from one or more sensors coupled to the device” (See [0126] More and more UEs are equipped with geo- positioning capability and/or inertia sensor or accelerometer. By utilizing such capability and sensors, the UE may estimate speed or a range of speed and inform the eNB its speed through uplink signal transmissions).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom and Li with the teachings of Suzuki by equipping the UE/device with a sensor or coupling the device with a sensor, and the motivation to do so would have been to ensure improved accuracy and precision in determining that the device is traveling above a predetermined velocity.
Regarding claim 8,
Bergstrom in view of Li discloses “The method of claim 4”, but does not explicitly disclose that the indication is based on uplink transmissions.
However, Suzuki discloses “wherein the indication from the AN is transmitted to the device in response to determining that the device is traveling above a predetermined velocity based on one or more uplink transmissions from the device” (See [0126] the UE may estimate speed or a range of speed and inform the eNB its speed through uplink signal transmissions).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Bergstrom and Li with the teachings of Suzuki by equipping the UE/device with a sensor or coupling the device with a sensor, and the motivation to do so would have been to ensure improved accuracy and precision in determining that the device is traveling above a predetermined velocity.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bergstrom et al. (US 2013/0201911 A1) in view of Li et al. (US 20180020330 A1) and further in view of Siomina et al. (US 2021/0120513 A1).
Regarding claims 5 and 15,
Bergstrom in view of Li discloses claim 5 of “The method of claim 4”, and claim 15 of “The device of claim 14”, but does not explicitly disclose the indication comprising a “highSpeedEnhancedMeasFlag”.
However, Siomina discloses “wherein the high-speed configuration received from the
access node comprises a highSpeedEnhancedMeasFlag” (See [0171] indicates that the
wireless device WD receives a high-speed indicator, e.g. highSpeedEnhancedMeasFlag).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have been motivated to modify the teachings of Bergstrom and Li with the teachings of Siomina where the indication from the AN comprises a high-speed enhanced measurement flag, and the motivation to do so would have been to make the wireless communication system adaptive and responsive to the diverse requirements of different scenarios and user behaviors as well as optimizing the network performance.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bergstrom et al. (US
2013/0201911 A1) in view of Li et al. (US 20180020330 A1) and further in view of (3GPP TS 36.133 V16.0.0) hereinafter D2.
Regarding claim 6,
Bergstrom in view of Li discloses “The method of claim 4”, but does not disclose that the indication comprises a “SCCmeasurementEnhamcements-r16 flag”.
However, D2 discloses “wherein the high-speed configuration received from the access
node comprises a SCCmeasurementEnhancements-r16 flag” (See 8.3.3.1, When highSpeedEnhancedMeasFlag is configured, the enhanced measurement requirements
apply only to measurements of the primary component carrier, see 8.3.3.2, defines the
measurement requirement of a secondary component carrier (SCC) with deactivated SCell
based on the parameter measCycleSchell defined in TS 36.331 [2]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have been motivated to modify the teachings of Bergstrom and Li with the teachings of D2 where the indication from the AN comprises a high-speed enhanced measurement flag, and the motivation to do so would have been to make the wireless communication system adaptive and responsive to the diverse requirements of different scenarios and user behaviors as well as optimizing the network performance.
Allowable Subject Matter
Claims 10-11, 16-17 and 19-20 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
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/SALMA AYAD/Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462