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
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.
Claim(s) 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fu et al. (US 2020/0045650 A1), hereinafter referred to as D1.
Regarding claims 1, 5, 6, and 10, D1 discloses terminal, apparatus, base station apparatus, communication method, and integrated circuit, which comprises:
sending, by a terminal device, a first message to a network device, wherein the first message comprises a preamble for a random access and an uplink message (Referring to Figures 5-8, in the first step (700), a random access preamble (ID) and an identifier of the terminal apparatus 1 (first identity) are transmitted by the terminal to the base station. Here, the identifier of the terminal apparatus 1 may be a C-RNTI. The random access preamble may be included in the PRACH. The identifier of the terminal apparatus 1 may be included in the PUSCH. The random access preamble and the identifier of the terminal apparatus 1 may be included in an identical physical channel. In the first step (700), the MAC layer itself of the terminal apparatus 1 selects a random access preamble index. That is, in the first step (700), the base station apparatus 3 does not notify the terminal apparatus 1 of the random access preamble index. See paragraphs 0134-0137.)
monitoring, by the terminal device, a PDCCH scrambled by a RNTI; and determining whether a contention conflict is resolved according to a second message scheduled by the PDCCH and the uplink message (Referring to Figures 5-8, in the second step (702), the terminal apparatus 1 receives contention resolution (monitoring/determining whether a contention conflict is resolved according to a second message scheduled by the PDCCH and the uplink message). The contention resolution may be a UE contention resolution identifier or the C-RNTI. In a case that the terminal apparatus 1 has transmitted the C-RNTI in the first step (700) and the terminal apparatus 1 has received the PDCCH including the C-RNTI, the terminal apparatus 1 may consider that the contention resolution has successfully been performed and that the random access procedure has successfully completed. The UE contention resolution identifier is included in the PDSCH. Here, a DCI format to which a CRC scrambled with an X-RNTI is added may be used for scheduling of the PDSCH (scrambling). The X-RNTI may be given based at least on a resource (PRACH resource) used for the transmission of the random access preamble in the first step (700) and/or a resource (PUSCH resource) used for the transmission of the identifier of the terminal apparatus 1. The X-RNTI may be an RA-RNTI. See paragraphs 0136-0139 and, further regarding scrambling, see 0088-0091.);
wherein determining whether the contention conflict is resolved according to the second message scheduled by the PDCCH and the uplink message comprises: determining that the contention conflict is not resolved when the second message does not comprise a contention resolution ID; wherein when the second message comprises a BI and a RAPID, the method further comprises: determining to send a third message when there is the RAPID consistent with the preamble in the first message (Referring to Figures 5-8, in the second step (702), the terminal apparatus 1 receives contention resolution (determining that the contention conflict resolution is resolved when the second message comprises a second id and the second id matches with the uplink message, the second id is the contention resolution ID of the terminal device). The contention resolution may be a UE contention resolution identifier or the C-RNTI. In a case that the terminal apparatus 1 has transmitted the C-RNTI in the first step (700) and the terminal apparatus 1 has received the PDCCH including the C-RNTI, the terminal apparatus 1 may consider that the contention resolution has successfully been performed and that the random access procedure has successfully completed. See paragraphs 0136-0139. In the second step (702), the terminal apparatus 1 receives contention resolution. The contention resolution may be a UE contention resolution identifier or the C-RNTI (second message comprises C-RNTI), and a random access preamble (ID). See paragraphs 0134-0139. Referring to Figures 6 and 8, modification example of the 2 step contention based random access procedure includes a first step (800), a second step (802), a third step (804), and a fourth step (806). The first step (800) is the same as the first step (700). The second step (802) is the same as the second step (602). The third step (804) (third message used for sending the uplink message) is the same as the third step (604). The fourth step (806) is the same as the fourth step (606). That is, after the first step of the 2 step contention based random access procedure, a transition may be performed from the 2 step contention based random access procedure to the 4 step contention based random access procedure. In a case that the base station apparatus 3 detects a random access preamble (RAPID) and cannot detect an identifier (ID) of the terminal apparatus 1 in the first step (800), the base station apparatus 3 transmits a random access response in the second step (802) (second message, does not comprise contention resolution ID, the response comprises a BI as the message is for indicating whether to back off to a four-step random access). In other words, in a case that the base station apparatus 3 detects the random access preamble and cannot detect the identifier of the terminal apparatus 1 in the first step of the 2 step contention based random access procedure, the base station apparatus 3 may initiate the second step of the 4 step contention based random access procedure. In a case that the base station apparatus 3 detects the random access preamble and the identifier of the terminal apparatus 1 in the first step of the 2 step contention based random access procedure, the base station apparatus 3 may initiate the second step of the 2 step contention based random access procedure. After the first step (700, 800) of the 2 step contention based random access procedure, the terminal apparatus 1 may monitor the contention resolution of the second step (702) and the random access response of the second step (802). In other words, in the second step (702, 802), the terminal apparatus 1 may monitor the PDCCH associated with the random access response and the PDCCH associated with the contention resolution. The PDCCH associated with the random access response may be the PDCCH for the RA-RNTI. The PDCCH associated with the contention resolution may be the PDCCH for the X-RNTI. After the first step (600) of the 4 step contention based random access procedure, the terminal apparatus 1 may monitor the random access response of the second step (602). In other words, in the second step (602), the terminal apparatus 1 may monitor the PDCCH associated with the random access response. In the second step (602), the terminal apparatus 1 may not monitor the contention resolution. In other words, in the second step (602), the terminal apparatus 1 may not monitor the PDCCH associated with the contention resolution. See paragraphs 0139-0142.)
Further regarding claim 10, D1 discloses the processor is configured to determine a second message for replying to the terminal device according to a decoding situation of the first message; wherein the transceiver is further configured to send a second message to the terminal device when decoding of the preamble is successful and decoding of the uplink message is failed; wherein the second message does not comprise a contention resolution identity, but comprises a BI and RAPID for the terminal device determining to send a third message when there is the RAPID consistent with the preamble in the first message (Referring to Figures 6 and 8, modification example of the 2 step contention based random access procedure includes a first step (800), a second step (802), a third step (804), and a fourth step (806). The first step (800) is the same as the first step (700). The second step (802) is the same as the second step (602). The third step (804) (third message used for sending the uplink message, RAPID consistent with the preamble in the first message, the random access preamble of the first step) is the same as the third step (604). The fourth step (806) is the same as the fourth step (606). That is, after the first step of the 2 step contention based random access procedure, a transition may be performed from the 2 step contention based random access procedure to the 4 step contention based random access procedure. In a case that the base station apparatus 3 detects a random access preamble (RAPID) and cannot detect an identifier (ID) of the terminal apparatus 1 in the first step (800), the base station apparatus 3 transmits a random access response in the second step (802) (second message, does not comprise contention resolution ID, the response comprises a BI as the message is for indicating whether to back off to a four-step random access). In other words, in a case that the base station apparatus 3 detects the random access preamble (decoding of preamble is successful) and cannot detect the identifier of the terminal (interpreted as the decoding of the uplink message is failed) apparatus 1 in the first step of the 2 step contention based random access procedure, the base station apparatus 3 may initiate the second step of the 4 step contention based random access procedure. In a case that the base station apparatus 3 detects the random access preamble and the identifier of the terminal apparatus 1 in the first step of the 2 step contention based random access procedure, the base station apparatus 3 may initiate the second step of the 2 step contention based random access procedure. After the first step (700, 800) of the 2 step contention based random access procedure, the terminal apparatus 1 may monitor the contention resolution of the second step (702) and the random access response of the second step (802). In other words, in the second step (702, 802), the terminal apparatus 1 may monitor the PDCCH associated with the random access response and the PDCCH associated with the contention resolution. The PDCCH associated with the random access response may be the PDCCH for the RA-RNTI. The PDCCH associated with the contention resolution may be the PDCCH for the X-RNTI. After the first step (600) of the 4 step contention based random access procedure, the terminal apparatus 1 may monitor the random access response of the second step (602). In other words, in the second step (602), the terminal apparatus 1 may monitor the PDCCH associated with the random access response. In the second step (602), the terminal apparatus 1 may not monitor the contention resolution. In other words, in the second step (602), the terminal apparatus 1 may not monitor the PDCCH associated with the contention resolution. See paragraphs 0139-0142.)
Regarding claims 2 and 7, D1 discloses determining, by the terminal device, a first cell radio network temporary identity (C-RNTI) as the target RNTI if the first identity in the uplink message is the first C-RNTI; or, determining, by the terminal device a random access radio network temporary identity (RA-RNTI) if the first identity is other information except C-RNTI (Note, the limitation “if . . .” is considered a conditional limitation and not required by the claim as the claim language merely asserts that condition may or may not occur. Referring to Figures 5-8, in the first step (700), a random access preamble (ID) and an identifier of the terminal apparatus 1 (first identity) are transmitted by the terminal to the base station. Here, the identifier of the terminal apparatus 1 may be a C-RNTI (C-RNTI as the target RNTI if the first identity is the first C-RNTI).. See paragraphs 0134-0137.)
Regarding claims 3 and 8, D1 discloses starting, by the terminal device, a first timer after sending the first message to the network device; monitoring, by the terminal device, the PDCCH scrambled by the target RNTI comprises: monitoring, by the terminal device, the PDCCH scrambled by the target RNTI within a duration range of the first timer, wherein after sending, by the terminal device, the first message to the network device comprises: after sending, by the terminal device, the preamble ID; after sending, by the terminal device, the uplink message (Referring to Figures 5-8, In a case that a random access preamble and an identifier of the terminal apparatus 1 are transmitted in the first step (700, 800) of the 2 step contention based random access procedure, the MAC of the terminal apparatus 1 may start a first timer (first mac-ContentionResolutionTimer). Here, the MAC of the terminal apparatus 1 may monitor a PDCCH for contention resolution and a PDCCH for a the random access response while the first timer (first mac-ContentionResolutionTimer) is running. In a case that the identifier of the terminal apparatus 1 is transmitted in the third step (804) of the 2 step contention based random access procedure, the MAC of the terminal apparatus 1 may start a second timer (second mac-ContentionResolutionTimer). Here, the MAC of the terminal apparatus 1 may monitor a PDCCH for contention resolution while the second timer (second mac-ContentionResolutionTimer) is running. In a case that the first timer (first mac-ContentionResolutionTimer) or the second timer (second mac-ContentionResolutionTimer) expires, the MAC of the terminal apparatus 1 may assume that the contention resolution has failed. In a case that the MAC of the terminal apparatus 1 considers that the contention resolution is unsuccessful and the MAC of the terminal apparatus 1 has not received a power ramping suspension notification from the lower layer (physical layer), the MAC of the terminal apparatus 1 may proceed to step 2003. Here, the length of the first timer (first mac-ContentionResolutionTimer) and/or the length of the second timer (second mac-ContentionResolutionTimer) may be given based on higher layer (RRC) information (parameter) received from the base station apparatus 3. Here, the second timer (second mac-ContentionResolutionTimer) may be the first timer (first mac-ContentionResolutionTimer). In this case, the higher layer (RRC) information (parameter) may not indicate the length of the second timer (second mac-ContentionResolutionTimer). See paragraphs 0212-0214.)
Regarding claims 4 and 9, D1 discloses determining, by the terminal device, the RA-RNTI according to a random access resource used for sending the first message, wherein determining, by the terminal device, the RA-RNTI according to the random access resource used for sending the first message comprises: determining, by the terminal device, the RA-RNTI according to the random access resource used for sending the first message and a first correspondence, wherein the first correspondence is a correspondence between the random access resource and the RA-RNTI (Note, the limitation “used for . . .” is considered an intended-use limitation and is not afforded patentable weight. The intended-use limitation is merely a recitation of some future intended purpose and not a positive recitation. Referring to Figures 5-8, CRC parity bits added to a downlink grant or an uplink grant are scrambled with a Cell-Radio Network Temporary Identifier (C-RNTI), a Temporary C-RNTI, a Semi Persistent Scheduling (SPS) C-RNTI, or a Random Access-Radio Network Temporary Identifier (RA-RNTI). The C-RNTI and the SPS C-RNTI are identifiers for identifying a terminal apparatus within a cell. The Temporary C-RNTI is used during a contention based random access procedure. The RA-RNTI is used for the scheduling of a random access response. An uplink grant to which CRC parity bits scrambled with the RNTI are added is also referred to as an uplink grant for the RNTI or an uplink grant corresponding to the RNTI. The PDCCH including the uplink grant to which the CRC parity bits scrambled with the RNTI are added is also referred to as the PDCCH for the RNTI, the PDCCH corresponding to the RNTI, the PDCCH directed to the RNTI, or the PDCCH including the RNTI. See paragraphs 0088-0090. Here, the PDCCH for the RA-RNTI is used for scheduling of the PDSCH including the random access response. The value of the RA-RNTI may be given based on a PRACH resource used for transmission of the random access preamble in the first step (600). See paragraph 0130.)
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.
Claim 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12185327 B1. Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Application claim
Patent claim ‘327
1, 5, and 6. A wireless communication method, comprising: sending, by a terminal device, a first message to a network device, wherein the first message comprises a preamble for a random access and an uplink message; monitoring, by the terminal device, a physical downlink control channel (PDCCH) scrambled by a target radio network temporary identity (RNTI); and determining whether a contention conflict is resolved according to a second message scheduled by the PDCCH and the uplink message; wherein determining whether the contention conflict is resolved according to the second message scheduled by the PDCCH and the uplink message comprises: determining that the contention conflict is not resolved when the second message does not comprise a contention resolution identity (ID); wherein when the second message comprises a Backoff Indicator (BI) and a random access preamble identity (RAPID), the method further comprises: determining to send a third message when there is the RAPID consistent with the preamble in the first message.
2 and 7. The method of claim 1, wherein the method further comprises: determining, by the terminal device, a first cell radio network temporary identity (C-RNTI) as the target RNTI if a first identity in the uplink message is the first C-RNTI; or, determining, by the terminal device a random access radio network temporary identity as the target RNTI if the first identity is other information except C-RNTI.
3 and 8. The method of claim 2, further comprising: starting, by the terminal device, a first timer after sending the first message to the network device; monitoring, by the terminal device, the PDCCH scrambled by the target RNTI comprises: monitoring, by the terminal device, the PDCCH scrambled by the target RNTI within a duration range of the first timer, wherein after sending, by the terminal device, the first message to the network device comprises: after sending, by the terminal device, the preamble; after sending, by the terminal device, the uplink message.
4 and 9. The method of claim 1, further comprising: determining, by the terminal device, a random access radio network temporary identity according to a random access resource used for sending the first message, wherein determining, by the terminal device, the random access radio network temporary identity according to the random access resource used for sending the first message comprises: determining, by the terminal device, the random access radio network temporary identity according to the random access resource used for sending the first message and a first correspondence, wherein the first correspondence is a correspondence between the random access resource and the random access radio network temporary identity.
10. A network device, comprising: a processor and a transceiver, wherein the transceiver is configured to receive a first message sent by a terminal device, wherein the first message comprises a preamble for a random access and an uplink message; and the processor is configured to determine a second message for replying to the terminal device according to a decoding situation of the first message; wherein the transceiver is further configured to: send a second message to the terminal device when decoding of the preamble is successful and decoding of the uplink message is failed; wherein the second message does not comprise a contention resolution identity (ID), but comprises a Backoff Indicator (BI) and a random access preamble identity (RAPID) for the terminal device determining to send a third message when there is the RAPID consistent with the preamble in the first message.
1. A wireless communication method, comprising: sending, by a terminal device, a first message to a network device, wherein the first message comprises a preamble identity (ID) for a random access and an uplink message, and the uplink message comprises a first identity; determining, by the terminal device, a target radio network temporary identity (RNTI) used for monitoring a physical downlink control channel (PDCCH) according to the first identity; monitoring, by the terminal device, a PDCCH scrambled by the target RNTI; and determining whether a contention conflict is resolved according to a second message scheduled by the PDCCH and the uplink message; wherein determining whether the contention conflict is resolved according to the second message scheduled by the PDCCH and the uplink message comprises: determining that the contention conflict is not resolved when the second message does not comprise a contention resolution ID of the terminal device; wherein when the second message comprises a Backoff Indicator (BI) and at least one random access preamble identity (RAPID), the method further comprises: determining to send a third message when there is a RAPID in the at least one RAPID that is consistent with the preamble ID in the first message, wherein the third message is configured to send the uplink message.
2. The method of claim 1, wherein determining, by the terminal device, the target radio network temporary identity (RNTI) used for monitoring the physical downlink control channel PDCCH according to the first identity comprises: determining, by the terminal device, a first cell radio network temporary identity (C-RNTI) as the target RNTI if the first identity is the first C-RNTI, or, determining, by the terminal device a random access radio network temporary identity (RA-RNTI) as the target RNTI if the first identity is other information except C-RNTI.
3. The method of claim 2, further comprising: starting, by the terminal device, a first timer after sending the first message to the network device; monitoring, by the terminal device, the PDCCH scrambled by the target RNTI comprises: monitoring, by the terminal device, the PDCCH scrambled by the target RNTI within a duration range of the first timer, wherein after sending, by the terminal device, the first message to the network device comprises: after sending, by the terminal device, the preamble ID; after sending, by the terminal device, the uplink message.
4. The method of claim 1, further comprising: determining, by the terminal device, the RA-RNTI according to a random access resource used for sending the first message, wherein determining, by the terminal device, the RA-RNTI according to the random access resource used for sending the first message comprises: determining, by the terminal device, the RA-RNTI according to the random access resource used for sending the first message and a first correspondence, wherein the first correspondence is a correspondence between the random access resource and the RA-RNTI.
10. A network device, comprising: a processor and a transceiver, wherein the transceiver is configured to receive a first message sent by a terminal device, wherein the first message comprises a preamble identity (ID) for a random access and an uplink message, and the uplink message comprises a first identity; and the processor is configured to determine a second message for replying to the terminal device according to a decoding situation of the first message; wherein the transceiver is further configured to: send a second message to the terminal device when decoding of the preamble ID is successful and decoding of the uplink message is failed; wherein the second message does not comprise a contention resolution ID of the terminal device, but comprises a Backoff Indicator (BI) and at least one random access preamble identity (RAPID) for the terminal device determining to send a third message when there is a RAPID in the at least one RAPID that is consistent with the preamble ID in the first message, wherein the third message is configured to send the uplink message.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. (US 2023/0345544 A1) - the method comprising the steps of: receiving a physical downlink control channel (PDCCH) order, which indicates initiation of a random access procedure, from a base station; transmitting a random access preamble to the base station; and receiving a random access response message from the base station.
Loehr et al. (US 2023/0239934 A1) - The method includes, in response to determining to perform the two-step random access channel procedure: in a first step: transmitting a preamble in a first time slot; and transmitting an uplink data transmission via a physical uplink shared channel in a second time slot different from the first time slot; and, in a second step, receiving a response message corresponding to the first step, wherein the response message comprises a radio network temporary identifier.
Wu (US 2021/0219350 A1) - The random access mode includes four-step random access and two-step random access, or the random access mode includes a format of a to-be-sent Msg1, for example, a Msg1 that carries a random access preamble and data, or a Msg1 that carries a random access preamble, or a Msg1 that carries data. The second wireless device sends a first message Msg1 in a random access procedure to the first wireless device based on the indication information.
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DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/Primary Examiner, Art Unit 2462
Prosecution Insights