DETAILED ACTION
This office action is responsive to communications filed on January 14, 2025. Claims 1-8 are pending in the application.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The Information Disclosure Statement filed on 1/14/2025 has been considered.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-8 of U.S. Patent No. 12,232,173. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-8 of the present application are anticipated by claims 1 and 4-8 of US 12,232,173.
Present application:
1. A method for performing a random access in a terminal of a wireless communication system, the method comprising:
transmitting a random access preamble to a base station;
receiving a first signal through a first channel from the base station;
determining that an identifier is used in the first signal;
after determining that the identifier is used in the first signal, obtaining a first message from the first signal; and
receiving a second message through a second channel based on the first signal, wherein the second message further comprises an index of the random access preamble.
US 12,232,173:
1. A method for performing a random access in a terminal of a wireless communication system, the method comprising:
transmitting a random access preamble to a base station;
receiving a first signal through a first channel from the base station;
determining that an identifier is used in the first signal;
after determining that the identifier is used in the first signal, obtaining a first message from the first signal; and
receiving a second message through a second channel based on the first signal, wherein the second message comprises a first random access response for the terminal and information which indicates that the second message comprises a second random access response, wherein the information consists of a single bit, and wherein a first value of the single bit indicates that the second message comprises the second random access response.
2. The method of claim 1, wherein: the second message comprises a first random access response for the terminal and information which indicates that the second message comprises a second random access response.
1. … wherein the second message comprises a first random access response for the terminal and information which indicates that the second message comprises a second random access response
3. The method of claim 2, wherein the information consists of a single bit, and wherein a first value of the single bit indicates that the second message comprises the second random access response.
1. … wherein the information consists of a single bit, and wherein a first value of the single bit indicates that the second message comprises the second random access response
4. The method of claim 3, wherein the first channel is used to transmit downlink scheduling information, and the second channel is used to transmit data using shared radio resources.
4. The method of claim 3, wherein the first channel is used to transmit downlink scheduling information, and the second channel is used to transmit data using shared radio resources.
5. The method of claim 1, wherein the second message further comprises an index of the random access preamble.
5. The method of claim 1, wherein the second message further comprises an index of the random access preamble.
6. The method of claim 1, wherein the identifier is determined by the terminal at least based on when the random access preamble is transmitted and the identifier is determined by the terminal before receiving the first signal.
6. The method of claim 1, wherein the identifier is determined by the terminal at least based on when the random access preamble is transmitted and the identifier is determined by the terminal before receiving the first signal.
7. The method of claim 1, wherein the identifier is determined by the terminal based on a resource region for random access, the resource region being expressed in a frequency and a time, and the identifier is determined by the terminal before receiving the first signal.
7. The method of claim 1, wherein the identifier is determined by the terminal based on a resource region for random access, the resource region being expressed in a frequency and a time, and the identifier is determined by the terminal before receiving the first signal.
8. The method of claim 1, wherein the second message further comprises other information subsequent to the information, the other information consists of another single bit, and wherein a second value, different from the first value, of the another single bit indicates that the second random access response is a last random access response in time in the second message.
8. The method of claim 1, wherein the second message further comprises other information subsequent to the information, the other information consists of another single bit, and wherein a second value, different from the first value, of the another single bit indicates that the second random access response is a last random access response in time in the second message.
Claims 1 and 4-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 11,051,341. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 4-7 of the present application are anticipated by claims 1 and 4 of US 11,051,341.
Present application:
1. A method for performing a random access in a terminal of a wireless communication system, the method comprising:
transmitting a random access preamble to a base station;
receiving a first signal through a first channel from the base station;
determining that an identifier is used in the first signal;
after determining that the identifier is used in the first signal, obtaining a first message from the first signal; and
receiving a second message through a second channel based on the first signal, wherein the second message further comprises an index of the random access preamble.
US 11,051,341:
1. A method for performing a random access in a terminal of a wireless communication system, the method comprising:
transmitting a random access preamble to a base station;
receiving first information through a channel carrying downlink scheduling information, the first information being received from the base station;
determining that an identifier is used in the first information, wherein the identifier is associated with the random access; and
in response to determining that the identifier is used in the first information, obtaining second information using the first information,
wherein the second information is received from the base station, the second information comprises a random access response in response to the random access preamble,
4. The method of claim 2, wherein the second information comprises an index of the random access preamble and another scheduling identifier.
4. The method of claim 3, wherein the first channel is used to transmit downlink scheduling information, and the second channel is used to transmit data using shared radio resources.
1. … receiving first information through a channel carrying downlink scheduling information
… and the second information is allocated to one or more downlink shared radio resources
5. The method of claim 1, wherein the second message further comprises an index of the random access preamble.
4. The method of claim 2, wherein the second information comprises an index of the random access preamble and another scheduling identifier.
6. The method of claim 1, wherein the identifier is determined by the terminal at least based on when the random access preamble is transmitted and the identifier is determined by the terminal before receiving the first signal.
1. … the identifier is determined based on a resource region for random access, the resource region being expressed in a frequency and a time
7. The method of claim 1, wherein the identifier is determined by the terminal based on a resource region for random access, the resource region being expressed in a frequency and a time, and the identifier is determined by the terminal before receiving the first signal.
1. … the identifier is determined based on a resource region for random access, the resource region being expressed in a frequency and a time
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9,265,063. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the present application is obvious based on claim 1 of US 12,232,173 in view of Lindskog et al. (US 2009/0034466) and Pajukoski et al. (US 2007/0206531).
Present application:
1. A method for performing a random access in a terminal of a wireless communication system, the method comprising:
transmitting a random access preamble to a base station;
receiving a first signal through a first channel from the base station;
determining that an identifier is used in the first signal; after determining that the identifier is used in the first signal, obtaining a first message from the first signal; and receiving a second message through a second channel based on the first signal,
wherein the second message further comprises an index of the random access preamble.
US 9,265,063:
1. A method for performing random access in a terminal of a wireless communication system, the method comprising:
… transmitting the random access preamble indicated by the downlink data generation indication information to the base station; and
receiving a response for the random access from the base station, wherein the response is allocated to downlink-shared radio resource and transmitted from the base station,
Claim 1 does not recite determining that an identifier is used in the first signal; after determining that the identifier is used in the first signal, obtaining a first message from the first signal; and receiving a second message through a second channel based on the first signal. However, Lindskog teaches determining that an identifier is used in the first signal and after determining that the identifier is used in the first signal, obtaining a first message from the first signal (“A UE ID (RNTI, Radio Network Temporary Identifier,) that identifies the UE for which the HS-SCCH information is intended is used as a scrambling of the HS-SCCH. When coding the HS-SCCH in Node-B, the UE ID is included using a CRC mechanism. The exact details are given in 3GPP 25.212. Upon reception of a HS-SCCH, a UE utilizes its ID to descramble the HS-SCCH to check whether HSDPA data is destined to the UE, i.e. if the HS-SCCH is successfully decoded” – See [0012]; “The UE decodes a HSDPA control channel, denoted HS-SCCH, and upon a successful CRC (Cyclic Redundancy Check) checksum, the UE continues to decode the HSDPA packet data channel, denoted HS-PDSCH, High Speed Physical Downlink Shared Channel” – See [0007]; The UE determines that its identifier (e.g., RNTI) is used in the SCCH (first signal). In response to the UE determining that its RNTI is used in the SCCH, the UE obtains the information/first message in the SCCH). Lindskog further teaches receiving a second message through a second channel based on the first signal (As shown above, the UE receives a second message through the PDSCH (second channel), and the second message on the PDSCH is received based on the indication in the SCCH (first signal)). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify claim 1 to include determining that an identifier is used in the first signal, and after determining that the identifier is used in the first signal, obtaining a first message from the first signal, and receiving a second message through a second channel based on the first signal since it is a well-known feature in the 3GPP specifications. Accordingly, the UE can know that it is the intended recipient for a message when it successfully decodes/descrambles the signaling using its identifier (See Lindskog, [0012]).
Claim 1 does not recite that the second message further comprises an index of the random access preamble. However, Pajukoski teaches that the second message further comprises an index of the random access preamble (“If the base station (or Node-B or eNB) of the radio access network observes the signature, it associates a preamble identifier with the signature and the time-frequency resource” – See [0033]; “The base station then sends the signature index, and if needed, also the time and frequency index of the preamble, and also the preamble identifier as an acknowledgment” – See [0034]; The random access response (second message) includes a signature index (index of the random access preamble)). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify claim 1 such that the second message further comprises an index of the random access preamble. Motivation for doing so would be to provide a random access procedure that provides good coverage and low delay, with minimum use of resources (See Pajukoski, [0006]).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, 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 negated by the manner in which the invention was made.
Claims 1, 2, and 5 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee et al. (US 2009/0196239) in view of Lindskog et al. (US 2009/0034466) and Pajukoski et al. (US 2007/0206531).
Regarding Claim 1, Lee teaches a method for performing a random access in a terminal of a wireless communication system, the method comprising:
transmitting a random access preamble to a base station (“the first UE (UE1) transmits its RACH preamble to the eNode-B at step S60” – See [0071]; The UE transmits a random access preamble);
receiving a first signal through a first channel from the base station (“after transmitting the RACH preamble, the UE reads the DL-SCCH to receive response information” – See [0077]; “The DL-SCCH carries a variety of information, such as … location information related to frequency or time that indicates which DL-SCH data will be read by the UEs” – See [0078]; The UE receives a first signal through the SCCH (first channel), wherein the first signal carries location information for a second message); and
receiving a second message through a second channel based on the first signal (“The DL-SCCH carries a variety of information, such as a UE ID (Identifier) for indicating which one of UEs will receive the data, location information related to frequency or time that indicates which DL-SCH data will be read by the UEs, specific information required by UEs that desire to read the DL-SCH data, and decoding information. In this way, it can be recognized which one of UEs will receive specific DL-SCH data by means of the UE ID included in DL-SCCH” – See [0078]; “The first UE (UE1) and the second UE (UE2) read their unique response information over the same DL-SCH” – See [0080]; The UE receives the second message through the DL-SCH (second channel), wherein the location of the message in the DL-SCH is determined from the location information previously received in the first signal).
Lee does not explicitly teach determining that an identifier is used in the first signal; and after determining that the identifier is used in the first signal, obtaining a first message from the first signal.
However, Lindskog teaches determining that an identifier is used in the first signal; and after determining that the identifier is used in the first signal, obtaining a first message from the first signal (“A UE ID (RNTI, Radio Network Temporary Identifier,) that identifies the UE for which the HS-SCCH information is intended is used as a scrambling of the HS-SCCH. When coding the HS-SCCH in Node-B, the UE ID is included using a CRC mechanism. The exact details are given in 3GPP 25.212. Upon reception of a HS-SCCH, a UE utilizes its ID to descramble the HS-SCCH to check whether HSDPA data is destined to the UE, i.e. if the HS-SCCH is successfully decoded” – See [0012]; “The UE decodes a HSDPA control channel, denoted HS-SCCH, and upon a successful CRC (Cyclic Redundancy Check) checksum, the UE continues to decode the HSDPA packet data channel, denoted HS-PDSCH, High Speed Physical Downlink Shared Channel” – See [0007]; The UE determines that its identifier (e.g., RNTI) is used in the SCCH (first signal). In response to the UE determining that its RNTI is used in the SCCH, the UE obtains the information/first message in the SCCH).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Lee to include determining that an identifier is used in the first signal, and after determining that the identifier is used in the first signal, obtaining a first message from the first signal since it is a well-known feature in the 3GPP specifications. Accordingly, the UE can know that it is the intended recipient for a message when it successfully decodes/descrambles the signaling using its identifier (See Lindskog, [0012]).
Lee does not explicitly teach that the second message further comprises an index of the random access preamble.
However, Pajukoski teaches that the second message further comprises an index of the random access preamble (“If the base station (or Node-B or eNB) of the radio access network observes the signature, it associates a preamble identifier with the signature and the time-frequency resource” – See [0033]; “The base station then sends the signature index, and if needed, also the time and frequency index of the preamble, and also the preamble identifier as an acknowledgment” – See [0034]; The random access response (second message) includes a signature index (index of the random access preamble)).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Lee such that the second message further comprises an index of the random access preamble. Motivation for doing so would be to provide a random access procedure that provides good coverage and low delay, with minimum use of resources (See Pajukoski, [0006]).
Regarding Claim 2, Lee in view of Lindskog and Pajukoski teaches the method of Claim 1. Lee further teaches that the second message comprises a first random access response for the terminal and information which indicates that the second message comprises a second random access response (“The single data unit of response information includes a plurality of response information associated with a plurality of UEs” – See [0075]; “The response information of each UE includes information of uplink radio resources allocated to the each UE, an identifier within a cell, a temporary identifier of the UE” – See [0091]; The DL-SCH message (second message) includes random access response information of a plurality of UEs, wherein the response information of each UE includes an identifier of the UE. Thus, an identifier of a second UE indicates a second random access response).
Regarding Claim 5, Lee in view of Lindskog and Pajukoski teaches the method of Claim 1. Pajukoski further teaches that the second message further comprises an index of the random access preamble (“If the base station (or Node-B or eNB) of the radio access network observes the signature, it associates a preamble identifier with the signature and the time-frequency resource” – See [0033]; “The base station then sends the signature index, and if needed, also the time and frequency index of the preamble, and also the preamble identifier as an acknowledgment” – See [0034]; The random access response (second message) includes a signature index (index of the random access preamble)).
Claims 6 and 7 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee et al. (US 2009/0196239) in view of Lindskog et al. (US 2009/0034466) and Pajukoski et al. (US 2007/0206531) and further in view of 3GPP TSG RAN WG2 Meeting #53 R2-061305, Initial Cell Access Procedure in LTE (hereinafter, IPWireless).
Regarding Claim 6, Lee in view of Lindskog and Pajukoski teaches the method of Claim 1. Lee, Lindskog, and Pajukoski do not explicitly teach that the identifier is determined by the terminal at least based on when the random access preamble is transmitted and the identifier is determined by the terminal before receiving the first signal.
However, IPWireless teaches that the identifier is determined by the terminal at least based on when the random access preamble is transmitted and the identifier is determined by the terminal before receiving the first signal (“In the scheme of Figure 2, by selecting a preamble or particular ID value, and transmitting this on a particular RACH channel, the UE has effectively also selected a C-RNTI from a pool of reserved C-RNTIs and has conveyed this selection to the Node-B” – See p. 4; “In each access instance there may also be NRACH separate RACH channels defined in the time/freq resource space. Similar to the selection of preamble, RACH channel selection is also a function performed by the UE. Thus, to reduce the collision probability we propose that the implicit C-RNTI used for initial access is a function of: 1. the preamble selected, p = 0…(P-1) 2. the RACH channel used, n = 0…(NRACH-1) 3. the time instant of transmission within the lifespan, t = 0…(L-1) One simple example of such a function is given below: C-RNTI = IDbase + tPNRACH + nP + p” – See p. 4; See also Fig. 2; The UE determines an implicit C-RNTI (identifier) based on parameters t and L which relate to when the time instant when the random access preamble is transmitted. Furthermore, the UE has to determine the implicit C-RNTI before the random access response (first signal) is received because it uses this implicit C-RNTI to identify whether it is the intended recipient of the first signal).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Lee such that the identifier is determined by the terminal at least based on when the random access preamble is transmitted and the identifier is determined by the terminal before receiving the first signal. Motivation for doing so would be to provide reduced initial access latency, reduced system complexity and improved resource efficiency (See IPWireless, p. 5).
Regarding Claim 7, Lee in view of Lindskog and Pajukoski teaches the method of Claim 1. Lee, Lindskog, and Pajukoski do not explicitly teach that the identifier is determined by the terminal based on a resource region for random access, the resource region being expressed in a frequency and a time, and the identifier is determined by the terminal before receiving the first signal.
However, IPWireless teaches that the identifier is determined by the terminal based on a resource region for random access, the resource region being expressed in a frequency and a time, and the identifier is determined by the terminal before receiving the first signal (“In the scheme of Figure 2, by selecting a preamble or particular ID value, and transmitting this on a particular RACH channel, the UE has effectively also selected a C-RNTI from a pool of reserved C-RNTIs and has conveyed this selection to the Node-B” – See p. 4; “In each access instance there may also be NRACH separate RACH channels defined in the time/freq resource space. Similar to the selection of preamble, RACH channel selection is also a function performed by the UE. Thus, to reduce the collision probability we propose that the implicit C-RNTI used for initial access is a function of: 1. the preamble selected, p = 0…(P-1) 2. the RACH channel used, n = 0…(NRACH-1) 3. the time instant of transmission within the lifespan, t = 0…(L-1) One simple example of such a function is given below: C-RNTI = IDbase + tPNRACH + nP + p” – See p. 4; See also Fig. 2; The UE determines an implicit C-RNTI (identifier) based on parameters t, L, and n which relate to a time/frequency resource region in which the random access preamble is transmitted. Furthermore, the UE has to determine the implicit C-RNTI before the random access response (first signal) is received because it uses this implicit C-RNTI to identify whether it is the intended recipient of the first signal).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Lee such that the identifier is determined by the terminal based on a resource region for random access, the resource region being expressed in a frequency and a time, and the identifier is determined by the terminal before receiving the first signal for the same reasons as those given with respect to Claim 6.
Allowable Subject Matter
Claims 3, 4, and 8 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott M Sciacca whose telephone number is (571)270-1919. The examiner can normally be reached Monday thru Friday, 7:30 A.M. - 5:00 P.M. EST.
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/SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478
