CTNF 19/062,390 CTNF 82480 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement filed on February, 25, 2025 and June 04, 2025 fail to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. The information disclosure statement filed on February, 25, 2025 and June 04, 2025 fail to comply with the provisions of 37 CFR 1.97(a) because it lacks the appropriate size fee set forth in 37 CFR 1.17(v). It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 22 – 28 and 36 – 41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 5 – 7 of U.S. Patent No. 12,273,176 (hereinafter Raghavan’176) . Although the claims at issue are not identical, they are not patentably distinct from each other because : The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Re claim 22, Claims 22 of Instant Application Claim 1 of Raghavan’176 An apparatus comprising processing circuitry configured to: establish a connection to a base station, wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP, wherein the first and second beam are in frequency range 2 (FR2) and wherein the UE does not support simultaneous reception of multiple beams in FR2; detect a beam failure during a beam failure detection (BFD) evaluation period; identify one or more candidate beams during a candidate beam detection (CBD) evaluation period; and generate, for transmission to the base station, a beam failure recovery (BFR) request. A processor of a user equipment (UE) configured to perform operations comprising: establishing a connection to a base station, wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP, wherein the first and second beam are in frequency range 2 (FR2) and wherein the UE does not support simultaneous reception of multiple beams in FR2; detecting a beam failure during a beam failure detection (BFD) evaluation period; identifying one or more candidate beams during a candidate beam detection (CBD) evaluation period, wherein the CBD evaluation period is based on Max(25,Ceil(M CBD ×P×N×P CBD ×P TRP )×T CBD-RS ), wherein M CBD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P CBD represents a sharing factor for related to secondary cell (SCell) CBD, wherein P TRP represents a CBD TRP sharing factor, and wherein T CBD-RS represents a periodicity of a measurement resource ; and transmitting a beam failure recovery (BFR) request to the base station. In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 22 of the instant application merely broadens the scope of the claim 1 of Raghavan’176 by eliminating the italicized portion of limitation of claim 1. Furthermore, because omission element(s) in the claim would make the claim in the instant application broader, it would have been obvious to one of ordinary skill in the art at the time of the invention that the claim in the instant application is merely an obvious variation of the claim in the copending application. It is well settled that omission of an element and it function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 163 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 184 (CCPA 1969). In light of the foregoing discussion, the broad claim of the instant application is rejected as obvious double patenting over the narrower copending claim. Claims 23 – 28 of instant application is identical/similar with claims 5 – 7 of Raghavan’176. Re claim 23, Claims 23 of Instant Application Claim 5 of Raghavan’176 The apparatus of claim 22, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, and a periodicity of a measurement resource. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. Re claim 24, Claims 24 of Instant Application Claim 6 of Raghavan’176 The apparatus of claim 22, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, a periodicity of a measurement resource and a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )) , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein TBFD-RS represents a periodicity of the measurement resource. Re claim 25, Claims 25 of Instant Application Claim 7 of Raghavan’176 The apparatus of claim 22, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, and a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length. Re claim 26, Claims 25 of Instant Application Claim 5 of Raghavan’176 The apparatus of claim 22, wherein the BFD evaluation period is based on Max(50,Ceil[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein MBFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. Re claim 27, Claims 27 of Instant Application Claim 6 of Raghavan’176 The apparatus of claim 22, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, wherein TBFD-RS represents a periodicity of the measurement resource, and wherein T DRX represents a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein TBFD-RS represents a periodicity of the measurement resource. Re claim 28, Claims 28 of Instant Application Claim 7 of Raghavan’176 The apparatus of claim 22, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length. Re claim 36, Claims 36 of Instant Application Claim 1 of Raghavan’176 A method, comprising: establishing a connection to a base station, wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP, wherein the first and second beam are in frequency range 2 (FR2) and wherein the UE does not support simultaneous reception of multiple beams in FR2; detecting a beam failure during a beam failure detection (BFD) evaluation period; identifying one or more candidate beams during a candidate beam detection (CBD) evaluation period; and generating, for transmission to the base station, a beam failure recovery (BFR) request. A processor of a user equipment (UE) configured to perform operations comprising : establishing a connection to a base station, wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP, wherein the first and second beam are in frequency range 2 (FR2) and wherein the UE does not support simultaneous reception of multiple beams in FR2; detecting a beam failure during a beam failure detection (BFD) evaluation period; identifying one or more candidate beams during a candidate beam detection (CBD) evaluation period, wherein the CBD evaluation period is based on Max(25,Ceil(M CBD ×P×N×P CBD ×P TRP )×T CBD-RS ), wherein M CBD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P CBD represents a sharing factor for related to secondary cell (SCell) CBD, wherein P TRP represents a CBD TRP sharing factor, and wherein T CBD-RS represents a periodicity of a measurement resource ; and transmitting a beam failure recovery (BFR) request to the base station. In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 36 of the instant application merely broadens the scope of the claim 1 of Raghavan’176 by eliminating the italicized portion of limitation of claim 1. Furthermore, because omission element(s) in the claim would make the claim in the instant application broader, it would have been obvious to one of ordinary skill in the art at the time of the invention that the claim in the instant application is merely an obvious variation of the claim in the copending application. It is well settled that omission of an element and it function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 163 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 184 (CCPA 1969). In light of the foregoing discussion, the broad claim of the instant application is rejected as obvious double patenting over the narrower copending claim. Claims 37 – 41 of instant application is identical/similar with claims 5 – 7 of Raghavan’176. Re claim 37, Claims 37 of Instant Application Claim 5 of Raghavan’176 The method of claim 36, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, and a periodicity of a measurement resource. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. Re claim 38, Claims 38 of Instant Application Claim 6 of Raghavan’176 The method of claim 36, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, a periodicity of a measurement resource and a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )) , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein TBFD-RS represents a periodicity of the measurement resource. Re claim 39, Claims 39 of Instant Application Claim 7 of Raghavan’176 The method of claim 36, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, and a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length. Re claim 40, Claims 40 of Instant Application Claim 5 of Raghavan’176 The method of claim 36, wherein the BFD evaluation period is based on Max(50,Ceil[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein MBFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. Re claim 41, Claims 41 of Instant Application Claim 6 of Raghavan’176 The method of claim 36, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, wherein TBFD-RS represents a periodicity of the measurement resource, and wherein T DRX represents a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein TBFD-RS represents a periodicity of the measurement resource. Claims 29 – 35 are rejected on the ground of nonstatutory double patenting over claims 1 and 5 – 7 of U.S. Patent No. 12,273,176 (hereinafter Raghavan’176) in view of Yuk et al (US 2023/0246697). Re claim 29, Claims 29 of Instant Application Claim 1 of Raghavan’176 A user equipment (UE), comprising: a transceiver configured to communicate with a base station ; and a processor communicatively coupled to the transceiver and configured to: establish a connection to a base station, wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP, wherein the first and second beam are in frequency range 2 (FR2) and wherein the UE does not support simultaneous reception of multiple beams in FR2; detect a beam failure during a beam failure detection (BFD) evaluation period; identify one or more candidate beams during a candidate beam detection (CBD) evaluation period; and generate, for transmission to the base station, a beam failure recovery (BFR) request. A processor of a user equipment (UE) configured to perform operations comprising: establishing a connection to a base station, wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP, wherein the first and second beam are in frequency range 2 (FR2) and wherein the UE does not support simultaneous reception of multiple beams in FR2; detecting a beam failure during a beam failure detection (BFD) evaluation period; identifying one or more candidate beams during a candidate beam detection (CBD) evaluation period, wherein the CBD evaluation period is based on Max(25,Ceil(M CBD ×P×N×P CBD ×P TRP )×T CBD-RS ), wherein M CBD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P CBD represents a sharing factor for related to secondary cell (SCell) CBD, wherein P TRP represents a CBD TRP sharing factor, and wherein T CBD-RS represents a periodicity of a measurement resource ; and transmitting a beam failure recovery (BFR) request to the base station. In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 29 of the instant application merely broadens the scope of the claim 1 of Raghavan’176 by eliminating the italicized portion of limitation of claim 1. However, claims 1 and 5 – 7 of U.S. Patent No. 12,273,176 (hereinafter Raghavan’176) do not recite of a user equipment (UE), comprising: a transceiver configured to communicate with a base station; and a processor communicatively coupled to the transceiver. Yuk teaches of the user equipment (UE) (#110, Fig.16), comprising: a transceiver (#130, Fig.16) configured to communicate with the base station (#170, Fig.16); and a processor communicatively coupled to the transceiver (#120, Fig.16). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the user equipment (UE), comprise the structure of a transceiver coupled to the processor so as to be able to perform bi-directional communication with the base station. Claims 30 – 35 of instant application is identical/similar with claims 5 – 7 of Raghavan’176. Re claim 30, Claims 30 of Instant Application Claim 5 of Raghavan’176 The UE of claim 29, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, and a periodicity of a measurement resource. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. Re claim 31, Claims 31 of Instant Application Claim 6 of Raghavan’176 The UE of claim 29, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, a periodicity of a measurement resource and a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )) , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein TBFD-RS represents a periodicity of the measurement resource. Re claim 32, Claims 32 of Instant Application Claim 7 of Raghavan’176 The UE of claim 29, wherein the BFD evaluation period is based on a number of samples, a sharing factor related to other types of configured measurements, a scaling factor for receive (RX) beam refinement, a sharing factor related to secondary cell (SCell) BFD, a BFD TRP sharing factor, and a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length. Re claim 33, Claims 33 of Instant Application Claim 5 of Raghavan’176 The UE of claim 29, wherein the BFD evaluation period is based on Max(50,Ceil[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein MBFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[M BFD ×P×N×P BFD ×P TRP ]×T BFD-RS ), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T BFD-RS represents a periodicity of a measurement resource. Re claim 34, Claims 34 of Instant Application Claim 6 of Raghavan’176 The UE of claim 29, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, wherein TBFD-RS represents a periodicity of the measurement resource, and wherein T DRX represents a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on Max(50,[1.5×M BFD ×P×N×P BFD ×P TRP ]×Max(T DRX ,T BFD-RS )), wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein TBFD-RS represents a periodicity of the measurement resource. Re claim 35, Claims 35 of Instant Application Claim 7 of Raghavan’176 The UE of claim 29, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length. The processor of claim 1, wherein the BFD evaluation period is based on [M BFD ×P×N×P BFD ×P TRP ]×T DRX , wherein M BFD represents a number of samples, wherein P represents a sharing factor related to other types of configured measurements, wherein N represents a scaling factor for receive (RX) beam refinement, wherein P BFD represents a sharing factor related to secondary cell (SCell) BFD, wherein P TRP represents a BFD TRP sharing factor, and wherein T DRX represents a discontinuous reception (DRX) cycle length . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 22, 29 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over R4-2113511 (“Discussion on TRP specific link recovery procedures in FeMIMO”, Ericsson, 3GPP TSG RAN WG4 Meeting #100-e, Electronic Meeting, 16 August 2021 – 27 August 2021) in view of Yuk et al (US 2023/0246697) . Re claims 22 and 36, R4-2113511 discloses of a processor of a user equipment (UE) (UE, Fig.1) configured to perform operations comprising: establishing a connection to a base station (gNB, Fig.1), wherein the UE communicated with a first beam to a first transmission reception point (TRP) and a second beam corresponding to a second TRP (multi-beam operation in a multi-TRP system, Page 1), wherein the first and second beam are in frequency range 2 (FR2) (FR2, Pages 2 – 4); detecting a beam failure during a beam failure detection (BFD) evaluation period (evaluation period of one SSB or CSI-RS based BFD, Page 2); identifying one or more candidate beams during a candidate beam detection (CBD) evaluation period (evaluation period of one SSB or CSI-RS based CBD, Pages 3 – 4); and transmitting a beam failure recovery (BFR) request to the base station (BFR, Fig.1). However, R4-2113511 does not specifically disclose of wherein the UE does not support simultaneous reception of multiple beams in FR2. R4-2113511 does not specifically disclose of wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP. Yuk teaches of a base station that configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP (“ If a gNB schedules two beams from two TRPs which cannot be received simultaneously by the UE ”, Paragraph 0161 and “ the gNB selects the beams for scheduling by a scheduler for two TRPs ”, Paragraph 0192), wherein the UE does not support simultaneous reception of multiple beams in FR2 ( In multi-TRP operation in FR2, UE can be scheduled with multiple beams from different TRPs. However, if two transmission beams for the multi-TRP operation are associated with a UE RX panel, only one of two beams can be received by the panel. For example, in the FIG. 5 (right), beam pair {beam 1, beam 5} or {beam2, beam3} are associated with single panel, and they cannot be received simultaneously due to the limitation , Paragraph 0115). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the base station configure the UE with a beam corresponding to each TRP for enhancing robustness against link blockage and beam failures and also to have known whether the UE does not support simultaneous reception of multiple beams in FR2 for efficient signal reception. Re claim 29, R4-2113511 discloses of a user equipment (UE) (UE, Fig.1) configured to perform operations comprising: establishing a connection to a base station (gNB, Fig.1), wherein the UE communicated with a first beam to a first transmission reception point (TRP) and a second beam corresponding to a second TRP (multi-beam operation in a multi-TRP system, Page 1), wherein the first and second beam are in frequency range 2 (FR2) (FR2, Pages 2 – 4); detecting a beam failure during a beam failure detection (BFD) evaluation period (evaluation period of one SSB or CSI-RS based BFD, Page 2); identifying one or more candidate beams during a candidate beam detection (CBD) evaluation period (evaluation period of one SSB or CSI-RS based CBD, Pages 3 – 4); and transmitting a beam failure recovery (BFR) request to the base station (BFR, Fig.1). However, R4-2113511 does not specifically disclose of wherein the UE does not support simultaneous reception of multiple beams in FR2. R4-2113511 does not specifically disclose of wherein the base station configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP. R4-2113511 does not specifically disclose of a user equipment (UE), comprising: a transceiver configured to communicate with a base station; and a processor communicatively coupled to the transceiver. Yuk teaches of a base station that configures the UE with a first beam corresponding to a first transmission reception point (TRP) and a second beam corresponding to a second TRP (“ If a gNB schedules two beams from two TRPs which cannot be received simultaneously by the UE ”, Paragraph 0161 and “ the gNB selects the beams for scheduling by a scheduler for two TRPs ”, Paragraph 0192), wherein the UE does not support simultaneous reception of multiple beams in FR2 ( In multi-TRP operation in FR2, UE can be scheduled with multiple beams from different TRPs. However, if two transmission beams for the multi-TRP operation are associated with a UE RX panel, only one of two beams can be received by the panel. For example, in the FIG. 5 (right), beam pair {beam 1, beam 5} or {beam2, beam3} are associated with single panel, and they cannot be received simultaneously due to the limitation , Paragraph 0115). Yuk further teaches of the user equipment (UE) (#110, Fig.16), comprising: a transceiver (#130, Fig.16) configured to communicate with the base station (#170, Fig.16); and a processor communicatively coupled to the transceiver (#120, Fig.16). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the base station configure the UE with a beam corresponding to each TRP for enhancing robustness against link blockage and beam failures and also to have known whether the UE does not support simultaneous reception of multiple beams in FR2 for efficient signal reception. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the user equipment (UE), comprise the structure of a transceiver coupled to a processor so as to be able to perform bi-directional communication with the base station. Allowable Subject Matter Claims 23 – 28, 30 – 35 and 37 – 41 would be allowable if rewritten or by filing a terminal disclaimer to overcome the double patenting rejection, set forth in this Office action and to include 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 ARISTOCRATIS FOTAKIS whose telephone number is (571)270-1206. The examiner can normally be reached M-F 8:30am-5:00pm. 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, Sam K Ahn can be reached at (571) 272-3044. 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. /ARISTOCRATIS FOTAKIS/ Primary Examiner, Art Unit 2633 Application/Control Number: 19/062,390 Page 2 Art Unit: 2633 Application/Control Number: 19/062,390 Page 3 Art Unit: 2633 Application/Control Number: 19/062,390 Page 4 Art Unit: 2633 Application/Control Number: 19/062,390 Page 5 Art Unit: 2633 Application/Control Number: 19/062,390 Page 6 Art Unit: 2633 Application/Control Number: 19/062,390 Page 7 Art Unit: 2633 Application/Control Number: 19/062,390 Page 8 Art Unit: 2633 Application/Control Number: 19/062,390 Page 9 Art Unit: 2633 Application/Control Number: 19/062,390 Page 10 Art Unit: 2633 Application/Control Number: 19/062,390 Page 11 Art Unit: 2633 Application/Control Number: 19/062,390 Page 12 Art Unit: 2633 Application/Control Number: 19/062,390 Page 13 Art Unit: 2633 Application/Control Number: 19/062,390 Page 14 Art Unit: 2633 Application/Control Number: 19/062,390 Page 15 Art Unit: 2633 Application/Control Number: 19/062,390 Page 16 Art Unit: 2633 Application/Control Number: 19/062,390 Page 17 Art Unit: 2633 Application/Control Number: 19/062,390 Page 18 Art Unit: 2633 Application/Control Number: 19/062,390 Page 19 Art Unit: 2633 Application/Control Number: 19/062,390 Page 20 Art Unit: 2633 Application/Control Number: 19/062,390 Page 21 Art Unit: 2633 Application/Control Number: 19/062,390 Page 22 Art Unit: 2633 Application/Control Number: 19/062,390 Page 23 Art Unit: 2633 Application/Control Number: 19/062,390 Page 24 Art Unit: 2633 Application/Control Number: 19/062,390 Page 25 Art Unit: 2633 Application/Control Number: 19/062,390 Page 26 Art Unit: 2633 Application/Control Number: 19/062,390 Page 27 Art Unit: 2633 Application/Control Number: 19/062,390 Page 28 Art Unit: 2633 Application/Control Number: 19/062,390 Page 29 Art Unit: 2633 Application/Control Number: 19/062,390 Page 30 Art Unit: 2633 Application/Control Number: 19/062,390 Page 31 Art Unit: 2633 Application/Control Number: 19/062,390 Page 32 Art Unit: 2633 Application/Control Number: 19/062,390 Page 33 Art Unit: 2633 Application/Control Number: 19/062,390 Page 34 Art Unit: 2633 Application/Control Number: 19/062,390 Page 35 Art Unit: 2633 Application/Control Number: 19/062,390 Page 36 Art Unit: 2633 Application/Control Number: 19/062,390 Page 37 Art Unit: 2633 Application/Control Number: 19/062,390 Page 38 Art Unit: 2633 Application/Control Number: 19/062,390 Page 39 Art Unit: 2633 Application/Control Number: 19/062,390 Page 40 Art Unit: 2633 Application/Control Number: 19/062,390 Page 41 Art Unit: 2633 Application/Control Number: 19/062,390 Page 42 Art Unit: 2633 Application/Control Number: 19/062,390 Page 43 Art Unit: 2633 Application/Control Number: 19/062,390 Page 44 Art Unit: 2633 Application/Control Number: 19/062,390 Page 45 Art Unit: 2633 Application/Control Number: 19/062,390 Page 46 Art Unit: 2633
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