Detailed Action
The office action is in response to the communications filed on 11/15/2024.
Notice of 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 .
Claims Status
Claims 1-18 are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sedin et al. (Publication No. US 2022/0006514), the prior art discloses that the RTT is provided by System Information (SI); see ¶ 0108.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit
www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-18 are rejected on the ground of obvious type nonstatutory double patenting as being unpatentable over claims 1, 3-6, 9, and 16 of U.S. Patent No. 12,185,385 in view of Lei et al. (Publication No. US 2020/0260485, hereinafter referred to as Lei).
Regarding Claim 1, the claim 1 of U.S. Patent No. 12,058,704 discloses most of the limitations of the Instant Application, as show in the table below, but fails to explicitly disclose “after the moment later than the moment that the terminal device completes sending the first message”. However, in analogous art, Lei discloses that after the first message is transmitted, the UE starts monitoring for the second message following an amount of time [moment later]; see figure 6 step 615 & ¶ 172. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 12,058,704 with additional amount of time of Lei in order to reduce power utilization of the UE by not monitoring the message for the amount of time.
U.S. Patent No. 12,185,385
Instant Application
1. A method for random access, comprising:
sending, by a terminal device, a first message in a random access process to a network device; and
monitoring, by the terminal device, a second message sent by the network device, the second message being a message sent by the network device based on the first message,
wherein the terminal device starts monitoring the second message at a moment later than a moment that the terminal device completes sending the first message;
wherein the method further comprises:
a duration of the second timer being a preset duration for which the terminal device monitors the second message
wherein monitoring, by the terminal device, the second message sent by the network device comprises:
monitoring, by the terminal device, the second message
wherein the random access process initiated to the network device by the terminal device is a two-step random access process, the first message is a Message A (MSGA), and the second message is a Message B (MSGB).
1. A method for random access, comprising:
sending, by a terminal device, a first message in a random access process to a network device; and
monitoring, by the terminal device, a second message sent by the network device, the second message being a message sent by the network device based on the first message,
wherein the terminal device starts monitoring the second message at a moment later than a moment that the terminal device completes sending the first message;
wherein the method further comprises:
after sending the first message is completed, starting, by the terminal device, a second timer,
a duration of the second timer being a preset duration for which the terminal device monitors the second message,
wherein monitoring, by the terminal device, the second message sent by the network device comprises:
monitoring, by the terminal device, the second message before the second timer expires and after the moment later than the moment that the terminal device completes sending the first message;
wherein the random access process initiated to the network device by the terminal device is a two-step random access process, the first message is a Message A (MSGA), and the second message is a Message B (MSGB).
Regarding claim 2-6, the claims 2-6 of the Instant Application are rejected over claims 3-6 and 9 of U.S. Patent No. 12,058,704. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are obvious variations of patent claims. Therefore, the claims 2-6 of the instant application are rejected under the same rationale as suggested in the rejection of claim 1 of the instant application.
Regarding Claims 7-12, the claims 7-12 of the instant application are rejected over claims 1, 3-6, and 9 of U.S. Patent No. 12,185,385. Although the claims are directed to different statutory categories, they are not patentably distinct from each other because the claims of the instant application are obvious variations of the patent claims. Therefore, grounds of rejection for claims 1-6 of the instant application equally address claims 7-12 of the instant application.
Regarding Claim 13, the claim 16 of U.S. Patent No. 12,058,704 discloses most of the limitations of the Instant Application, as show in the table below, but fails to explicitly disclose “after the moment later than the moment that the terminal device completes sending the first message”. However, in analogous art, Lei discloses that after the first message is transmitted, the UE starts monitoring for the second message following an amount of time [moment later]; see figure 6 step 615 & ¶ 172. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 16 of U.S. Patent No. 12,058,704 with additional amount of time of Lei in order to reduce power utilization of the UE by not monitoring the second message for the amount of time. As a result, the instant application claim is rejected by obvious type double patenting.
U.S. Patent No. 12,185,385
Instant Application
16. A network device, comprising:
a memory configured to store a computer program; and a processor;
wherein the processor is configured to execute the computer program to:
receive a first message in a random access process sent by a terminal device; and
determine a sending moment of a second message according to
the second message being a message sent by the network device in response to the first message, and
a duration of the target timer being equal to a duration from a moment of completing sending the first message by the terminal device to a moment of starting monitoring the second message by the terminal device;
wherein
the second timer is started by the terminal device duration for which the terminal device monitors the second message and
wherein the random access process is a two-step random access process, the first message is a Message A (MSGA), and the second message is a Message B (MSGB).
13. A network device, comprising:
a memory configured to store a computer program; and a processor;
wherein the processor is configured to execute the computer program to:
receive a first message in a random access process sent by a terminal device; and
determine a sending moment of a second message according to a moment later than a moment of completing sending the first message by the terminal device,
the second message being a message sent by the network device in response to the first message;
wherein the terminal device monitors the second message before a second timer expires and after the moment later than the moment of completing sending the first message by the terminal device, and
the second timer is started by the terminal device after sending the first message is completed by the terminal device, a duration of the second timer being preset duration for which the terminal device monitors the second message; and
wherein the random access process is a two-step random access process, the first message is a Message A (MSGA), and the second message is a Message B (MSGB).
Regarding Claims 14-18, the claims 14-18 of the instant application are rejected over claims 3-6 and 9 of U.S. Patent No. 12,185,385. Although the claims are directed to different statutory categories, they are not patentably distinct from each other because the claims of the instant application are obvious variations of the patent claims. Therefore, grounds of rejection for claims 2-6 of the instant application equally address claims 14-18 of the instant application.
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.
Claims 1, 6-7, 12-13, and 18 are rejected under AIA 35 U.S.C. 102(a)(2) as being anticipated by Lei et al. (Publication No. US 2020/0260485, hereinafter referred to as Lei).
Regarding claims 1 and 7, Lei discloses a method for random access, comprising (A two-step random access operation of a UE; see figure 6.):
sending, by a terminal device, a first message in a random access process to a network device (The UE [terminal device] transmits a first message to a base station [network device]; see figure 6 step 605 & ¶ 171.); and
monitoring, by the terminal device, a second message sent by the network device, the second message being a message sent by the network device based on the first message (After the first message is transmitted, the UE monitors whether a second message from the base station is received; see figure 6 step 615 & ¶ 172.),
wherein the terminal device starts monitoring the second message at a moment later than a moment that the terminal device completes sending the first message (After the first message is transmitted, the UE starts monitoring for the second message following an amount of time [moment later]; see figure 6 step 615 & ¶ 172.);
wherein the method further comprises: after sending the first message is completed, starting, by the terminal device, a second timer, a duration of the second timer being a preset duration for which the terminal device monitors the second message (After the first message is transmitted, the UE monitor whether the second message is received while a timer [second timer] is running; see figure 6 step 615 & ¶ 172.)
wherein monitoring, by the terminal device, the second message sent by the network device comprises: monitoring, by the terminal device, the second message before the second timer expires and after the moment later than the moment that the terminal device completes sending the first message (After the first message is transmitted, the UE monitors for the second message following an amount of time [moment later] and while a timer [second timer] is running; see figure 6 step 615 & ¶ 172.);
wherein the random access process initiated to the network device by the terminal device is a two-step random access process, the first message is a Message A (MSGA), and the second message is a Message B (MSGB) (The two-step random access operation of the UE includes the first message [MSGA] and the second message [MSGB]; see figure 6 steps 605/620.).
Regarding claims 6, 12, and 18, Lei discloses the method of claim 1, and wherein the terminal device is a terminal device in an Internet of Things (IoT) (The UE may also refer to an Internet of Things (IoT) device; see ¶ 59).
Regarding claim 13, Lei discloses a network device, comprising (A two-step random access operation of a base station; see figure 6.):
a memory configured to store a computer program (It is inherent that the BS [network device] includes a memory in order to communicate with the UE); and
a processor (It is inherent that the BS [network device] includes a processor in order to communicate with the UE);
wherein the processor is configured to execute the computer program to: receive a first message in a random access process sent by a terminal device (The UE [terminal device] transmits a first message to a base station [network device]; see figure 6 step 605 & ¶ 171.); and
determine a sending moment of a second message according to a moment later than a moment of completing sending the first message by the terminal device (The base station transmit to a second message (e.g. a random access response message), wherein the second message is transmitted after the UE start the timer which follow an amount of time [moment later]; see figure 6 steps 610/620 & ¶ 173.),
the second message being a message sent by the network device in response to the first message (The base station transmit to a second message (e.g. a random access response message; see figure 6 step 620 & ¶ 173.),;
wherein the terminal device monitors the second message before a second timer expires and after the moment later than the moment of completing sending the first message by the terminal device (After the first message is transmitted, the UE monitors for the second message following the amount of time [moment later] and while a timer [second timer] is running; see figure 6 step 615 & ¶ 172.);, and
the second timer is started by the terminal device after sending the first message is completed by the terminal device, a duration of the second timer being preset duration for which the terminal device monitors the second message (After the first message is transmitted, the UE monitors for the second message following an amount of time [moment later] and while a timer [second timer] is running; see figure 6 step 615 & ¶ 172.); and
wherein the random access process is a two-step random access process, the first message is a Message A (MSGA), and the second message is a Message B (MSGB) (A two-step random access operation of a UE; see figure 6.).
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-5, 8-11, and 14-17 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lei et al. (Publication No. US 2020/0260485, hereinafter referred to as Lei) in view of Hong et al. (Publication No. US 2022/0007455, hereinafter referred as Hong).
Regarding claims 2, 8, and 14, Lei discloses, the method of claim 1, that the UE monitors for the second message following an amount of time, but fails to explicitly disclose that the moment later than the moment that the terminal device completes sending the first message is determined according to a first parameter; and the first parameter comprises at least one of: a first timer configured by the network device, a Discontinuous Reception (DRX) parameter, an Uplink (UL) Timing Advance (TA), a processing duration of the network device, or a first duration preset for a round-trip transmission of messages between the terminal device and the network device. However, in analogous art, Hong discloses that the UE transmit a message A (MSG A) in the case of a two-step random access procedure, starting a response timer [second timer] when a time according to the reference round trip delay offset [first timer] information elapses after transmission of the message A and stopping the response timer when a message B, which is a response message to the message A, is received; see ¶ 134. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lei with timer of Hong in order to reduce power utilization of the UE by not monitoring the second message while the timer is running.
Regarding claims 3, 9, and 15, Lei discloses, the method of claim 2, that the UE monitors for the second message following an amount of time, but fails to explicitly disclose that the first parameter is sent to the terminal device by the network device through at least one of: System Information (SI) or a Radio Resource Control (RRC) signaling. However, in analogous art, Hong discloses receiving system information including reference round trip delay offset information of the cell; see ¶ 130. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lei with timer of Hong in order to reduce power utilization of the UE by avoiding to monitor the second message while the timer is running.
Regarding claims 4, 10, and 16, Lei discloses, the method of claim 2, that the UE monitors for the second message following an amount of time, but fails to explicitly disclose the first timer is determined according to the processing duration of the network device and the first duration. However, in analogous art, Hong discloses that the reference round trip delay offset information may be determined based on a signal transmission time between the UE and the network node; see ¶ 130. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lei with timer of Hong in order to reduce power utilization of the UE by avoiding to monitor the second message while the timer is running.
Regarding claims 5, 11, and 17, Lei discloses, the method of claim 2, that the UE monitors for the second message following an amount of time, but fails to explicitly disclose the DRX parameter comprises a duration configuration of a UL Hybrid Automatic Repeat reQuest (HARQ) Round Trip Time (RTT) timer (The parent claim has been presented in the alternative form because the language “at least one of”. Therefore, it enables the selection of a single limitation as the basis of the rejection such as “a first duration preset for a round-trip transmission of messages between the terminal device and the network device”. As a result, this claim has not been considered as part of the broadest reasonable interpretation.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hector Reyes (Hector.Reyes@uspto.gov) whose telephone number is (571) 270-0239. The examiner can normally be reached M-F 6-5.
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/H.R/Examiner, Art Unit 2472
/KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
