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 .
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-8, 10-15, and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,170,959 in view of ANG et al. (US 2023/0112209).
Application No. 18/936,480
U.S. Patent No. 12,170,959
1.A method for saving power of a terminal, comprising:
receiving first power saving indication information, wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the
designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and
performing the corresponding operation on the designated carrier according to the bit, comprising:
switching the first carrier to a power saving state by switching a first bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier; or
switching the first carrier to a non-power saving state by switching a second bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier,
wherein the second bandwidth part is a dormant bandwidth part.
**Note that this mapping also applies to claims 8 and 15, as they recite the same limitations as claim 1.
1.A method for saving power of a terminal, comprising:
receiving a first power saving indication information, wherein the first power saving indication information is configured with a bit corresponding to a designated carrier, and the bit is configured to indicate that a corresponding operation is to be performed on the designated carrier, wherein the designated carrier comprises
a first carrier and
wherein the first power saving indication information indicates that the first carrier is to be
switched to a power saving state by switching a first bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier; and
switching the first bandwidth part currently activated in the first carrier to the second bandwidth part in the first carrier, wherein using the second bandwidth part consumes less power than using the first bandwidth part.
3.The method of claim 1, further comprising: receiving, from a base station, before switching the first bandwidth part currently activated in the first carrier to the second bandwidth part in the first carrier, a configuration of the second bandwidth part as the dormant bandwidth part.
**Note that this mapping also applies to claims 10 and 17, as they recite the same limitations as claim 3.
2. The method of claim 1, further comprising: receiving from a base station, before switching the first bandwidth part currently activated in the first carrier to the second bandwidth part in the first carrier, a configuration of the second bandwidth part as a power saving bandwidth part.
4.The method of claim 1, further comprising: performing a dormant operation on the second bandwidth part, the dormant operation comprising: refraining from performing a control channel monitoring operation, and performing at least one of channel state information (CSI) measurement, automatic gain control (AGC), or beam management.
**Note that this mapping also applies to claims 11 and 18, as they recite the same limitations as claim 4.
3. The method of claim 1, wherein a dormant operation is performed, the dormant operation comprising refraining from performing a control channel monitoring operation on the second bandwidth part and performing at least one of channel state information (CSI) measurement, automatic gain control (AGC), or beam management.
5.The method of claim 1, wherein the designated carrier further comprises a second carrier, and the bit corresponding to the designated carrier further indicates that the second carrier is to be switched to the power saving state, wherein the first carrier and the second carrier are configured for a same terminal.
**Note that this mapping also applies to claims 12 and 19, as they recite the same limitations as claim 5.
4. The method of claim 1, wherein the designated carrier further comprises a second carrier, and the first power saving indication information is further configured to indicate that the second carrier is to be switched to the power saving state, wherein the first carrier and the second carrier are configured for a same terminal.
6. The method of claim 1, wherein the bit is configured for indicating that at least one of the following operations is to be performed on the designated carrier: switching a bandwidth part on the designated carrier, or refraining from performing a control channel monitoring operation on the designated carrier.
**Note that this mapping also applies to claims 13 and 20, as they recite the same limitations as claim 6.
5. The method of claim 1, wherein the bit is configured to indicate that at least one of the following operations is to be performed on the designated carrier: switching a bandwidth part on the designated carrier or refraining from performing a control channel monitoring operation on the designated carrier.
7. The method of claim 1, wherein the first power saving indication information is downlink control information carrying a power saving indication identifier.
**Note that this mapping also applies to claim 14, as it recites the same limitations as claim 7.
6. The method of claim 1, wherein the first power saving indication information is downlink control information carrying a power saving indication identifier.
Application No. 18/936,480 is directed to the same invention as recited by the patented claims of U.S. Patent No. 12,170,959 (see table above), except for the limitations of “wherein the second bandwidth part is a dormant bandwidth part”.
However, in an analogous art, Ang teaches wherein the second bandwidth part is a dormant bandwidth part (abstract; p. [0055], [0094]; Ang teaches wherein a UE may enter a dormant state for power savings, the UE is configured to receive an indication of a bandwidth part switch for a secondary cell to a dormant BWP (i.e., second bandwidth part), and transition based on the indication to a dormant BWP). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify U.S. Patent No. 12,170,959 with the teachings on Ang, in order for the UE to enter a dormant state and obtain power savings by switching to a dormant bandwidth part.
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.
Claims 1, 2, 8, 9, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over ANG et al. (US 2023/0112209) in view of ANG et al. (US 2019/0124558, hereinafter Ang-558).
Regarding claim 1, Ang discloses a method for saving power of a terminal, comprising:
receiving first power saving indication information (abstract; p. [0007], [0037], [0061]; the UE receives a downlink control information (DCI) (e.g., BWP switching DCI) including an indication of a bandwidth part (BWP) switch for a secondary cell to a dormant BWP); and
performing the corresponding operation on the designated carrier according to the indication information (abstract; p. [0007], [0037], [0061]; the UE transition the secondary cell (i.e., designated carrier) from an active state to a dormant state based on the indication of the BWP switch of the secondary cell to a dormant BWP), comprising:
switching the first carrier to a power saving state by switching a first bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier (abstract; p. [0007], [0037], [0061]; abstract; p. [0007], [0037], [0061], [0094]; the UE transition the secondary cell (i.e., designated carrier) from an active state to a dormant state (i.e., power saving state) based on the indication of the BWP switch of the secondary cell to a dormant BWP); or
switching the first carrier to a non-power saving state by switching a second bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier,
wherein the second bandwidth part is a dormant bandwidth part (abstract; p. [0007], [0037], [0061]; the UE transition switches to a dormant BWP (i.e., second bandwidth part)).
But, Ang does not particularly disclose wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and performing the corresponding operation on the designated carrier according to the bit.
However, Ang- 558 teaches wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and performing the corresponding operation on the designated carrier according to the bit (p. [0130]; a DCI format may include bit values to indicate a BWP type (e.g., narrowband, wideband, zero-bandwidth) selection for a base station (e.g., primary cell) based on a bit value of the first bit).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Ang with the teachings of Ang-558, since such a modification would provide an explicit indication for switching bandwidth parts and faster transition of the carrier to a different bandwidth part.
Regarding claim 8, Ang discloses an apparatus for saving power (p. [0105]), comprising:
a processor (p. [0105]); and
a memory, wherein the memory is configured to store a computer program (p. [0105]-[0106]), and the processor is configured to execute the computer program to implement:
receiving first power saving indication information (abstract; p. [0007], [0037], [0061]; the UE receives a downlink control information (DCI) (e.g., BWP switching DCI) including an indication of a bandwidth part (BWP) switch for a secondary cell to a dormant BWP); and
performing the corresponding operation on the designated carrier according to the indication information (abstract; p. [0007], [0037], [0061]; the UE transition the secondary cell (i.e., designated carrier) from an active state to a dormant state based on the indication of the BWP switch of the secondary cell to a dormant BWP), comprising:
switching the first carrier to a power saving state by switching a first bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier (abstract; p. [0007], [0037], [0061]; abstract; p. [0007], [0037], [0061]; the UE transition the secondary cell (i.e., designated carrier) from an active state to a dormant state (i.e., power saving state) based on the indication of the BWP switch of the secondary cell to a dormant BWP); or
switching the first carrier to a non-power saving state by switching a second bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier,
wherein the second bandwidth part is a dormant bandwidth part (abstract; p. [0007], [0037], [0061]; the UE transition switches to a dormant BWP (i.e., second bandwidth part)).
But, Ang does not particularly disclose wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and performing the corresponding operation on the designated carrier according to the bit.
However, Ang- 558 teaches wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and performing the corresponding operation on the designated carrier according to the bit (p. [0130]; a DCI format may include bit values to indicate a BWP type (e.g., narrowband, wideband, zero-bandwidth) selection for a base station (e.g., primary cell) based on a bit value of the first bit).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Ang with the teachings of Ang-558, since such a modification would provide an explicit indication for switching bandwidth parts and faster transition of the carrier to a different bandwidth part.
Regarding claim 15, Ang discloses a non-transitory computer readable storage medium (p. [0105]; computer readable medium/memory 1006) having a computer program stored upon, wherein the computer program, upon execution by a processor (p. [0106]), implements a method comprising:
receiving first power saving indication information (abstract; p. [0007], [0037], [0061]; the UE receives a downlink control information (DCI) (e.g., BWP switching DCI) including an indication of a bandwidth part (BWP) switch for a secondary cell to a dormant BWP); and
performing the corresponding operation on the designated carrier according to the indication information (abstract; p. [0007], [0037], [0061]; the UE transition the secondary cell (i.e., designated carrier) from an active state to a dormant state based on the indication of the BWP switch of the secondary cell to a dormant BWP), comprising:
switching the first carrier to a power saving state by switching a first bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier (abstract; p. [0007], [0037], [0061]; abstract; p. [0007], [0037], [0061]; the UE transition the secondary cell (i.e., designated carrier) from an active state to a dormant state (i.e., power saving state) based on the indication of the BWP switch of the secondary cell to a dormant BWP); or
switching the first carrier to a non-power saving state by switching a second bandwidth part currently activated in the first carrier to a second bandwidth part in the first carrier,
wherein the second bandwidth part is a dormant bandwidth part (abstract; p. [0007], [0037], [0061]; the UE transition switches to a dormant BWP (i.e., second bandwidth part)).
But, Ang does not particularly disclose wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and performing the corresponding operation on the designated carrier according to the bit.
However, Ang- 558 teaches wherein a bit corresponding to a designated carrier is configured in the first power saving indication information, the bit is configured for indicating that a corresponding operation is to be performed on the designated carrier, and the designated carrier is a carrier having a same operation and the designated carrier comprises a first carrier; and performing the corresponding operation on the designated carrier according to the bit (p. [0130]; a DCI format may include bit values to indicate a BWP type (e.g., narrowband, wideband, zero-bandwidth) selection for a base station (e.g., primary cell) based on a bit value of the first bit).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Ang with the teachings of Ang-558, since such a modification would provide an explicit indication for switching bandwidth parts and faster transition of the carrier to a different bandwidth part.
Regarding claims 2, 9, and 16, the combination of Ang and Ang-558 disclose the method of claim 1, the apparatus of claim 8, and the non-transitory computer readable storage of claim 15, Ang-558 discloses wherein the bit comprises one or more bits, wherein a first bit in the one or more bits is configured to trigger an operation of a user equipment (UE) on a designated carrier corresponding to the first carrier, and wherein the designated carrier corresponding to the first carrier comprises one or more secondary carriers (p. [0108]; a BWP DCI of a primary cell (e.g., base station 205) may carry a control bitmap associated with one or more secondary cells. Based on the control bitmap, individual secondary cells may be signaled to transition to another BWP from a zero BWP. To conserve the number of bits used in the control bitmap, at least one bit may be assigned to each secondary cell. For example, at least one bit of the bitmap may include a secondary cell indicator (e.g., identifier (ID)). In some examples, if the at least one bit is set, the secondary cell may transition (i.e., trigger operation) to a first BWP which is preconfigured). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Ang with the teachings of Ang-558, since such a modification would allow to control the transition of bandwidth parts for each of the one or more secondary cells (i.e., secondary carriers) based on a plurality of bits.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at 571-272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARISOL FIGUEROA/
Primary Examiner
Art Unit 2643
Prosecution Insights