DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The abstract of the disclosure is objected to because the abstract contains claim language “comprises”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16-27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
With regards to claim 16:
Step 1: a device claim.
Step 2A, Prong 1: the limitations, “wherein the cell is configured to delay transmitting basic system information (BSI) for enabling cell selection or reselection until the cell is triggered to begin transmitting BSI,,” and “perform cell selection or reselection to the cell based on the received BSI” are Mental Processes (observation, evaluation, judgment, and/or opinion).
Step 2A, Prong 2: the additional elements individually or as a whole do not integrate the judicial exception into a practical application.
The additional elements, “A wireless transmit/receive unit (WTRU) comprising: a processor, wherein the processor is configured to:,” are implementing an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. It invokes a generic computer merely as a tool to perform the judicial exception or an existing process by using of a computer or other machinery in its ordinary capacity. (i.e., “apply it”, MPEP 2106.05(f)).
The additional elements, “receive a signal comprising BSI from the cell;” are merely data gathering and insignificant extra-solution activity (pre-solution activity).
The additional elements, “send an uplink indication to a cell,,” are merely outputting data and insignificant extra-solution activity (post-solution activity). (MPEP 2106.05 (g)).
The additional elements, “wherein the uplink indication is configured to trigger the cell to begin transmitting BSI” are generally linking the use of the judicial exception to a particular technological environment or field of use (communication sessions for virtual and/or physical spaces; in other words, virtual/augmented/extended reality or metaverse) (MPEP 2106.05(h)).
When considered a whole, the claimed invention fails to recite any improvement in any technology or technical field (MPEP 2106.05(a)) or recite any meaningful limitations (MPEP 2106.05(e)). The limitations are no more than mere automation of a mental process to determine joint quality of service parameters using a generic computer as a tool.
Step 2B: the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole.
under Step 2B, additional element(s)/limitation(s) that are insignificant extra-solution activity in step 2A, Prong 2, should be re-evaluated in Step 2B to determine whether the additional element(s)/limitation(s) are well-understood, routine, conventional activities.
Specifically, the additional elements, “receive a signal comprising BSI from the cell,” and “send an uplink indication to a cell,” are just receiving/transmitting data over a network, which are mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(d)(II).
When considered as a whole, these additional elements represent mere instructions to apply a judicial exception and insignificant extra-solution activities, which do not provide an inventive concept.
Independent claim 22 recite similar claim limitations and are rejected for the same reasons as those of claim 16.
Moreover, additional elements recited in dependent claims 17-21 and 23-27 fail to integrate the judicial exception into a practical application or amount to significantly more as well.
Claims 18,20,24 and 26 recite insignificant extra-solution activities, “send -- - ” (post-solution activity, outputting data). (MPEP 2106.05 (g)).
Claims 17,19,23,25 and 27 recite field of use—“wherein the uplink- - -“
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 16-33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pragada et al (US 20140321416 A1)
With regards to claim 16, Pragada et al discloses a wireless transmit/receive unit (WTRU) (in fig. 9B and claim 1, A terminal wireless transmit/receive unit (T-WTRU) for establishing a cross link (XL) with a helper WTRU (H-WTRU), the T-WTRU comprising: a receiver configured to receive basic system information from the H-WTRU; and a processor configured to determine whether to establish a XL with the H-WTRU based on the basic system information, wherein on a condition that the T-WTRU determines to establish a XL with the H-WTRU, the T-WTRU further comprises: a transmitter configured to transmit a selected as H-WTRU message to the H-WTRU.) comprising:
a processor, wherein the processor is configured to: (see claim 3, The T-WTRU of claim 2, wherein the processor determines not to establish the XL with the H-WTRU on a condition that the T-WTRU is barred from the cell associated with the H-WTRU).
send an uplink indication to a cell, wherein the cell is configured to delay transmitting basic system information (BSI) for enabling cell selection or reselection until the cell is triggered to begin transmitting BSI, wherein the uplink indication is configured to trigger the cell to begin transmitting BSI (see fig. 11, [0127] Acquisition of basic system information is described herein. When a NP-WTRU 902.sub.i is selected to become the H-WTRU 202, the NP-WTRU 902.sub.i may transmit basic system information to the NS-WTRU 901. The basic system information may be used to by the NS-WTRU 901 to determine whether to camp on the cell that the selected NP-WTRU is camped on (or to which the selected NP-WTRU is connected). The cell that the NS-WTRU 901 camps on may be the same as the cell on which the NP-WTRU 902.sub.i is camped (or connected to). It is noted that system information other than the basic system information is referred to herein as extended system information.)
receive a signal comprising BSI from the cell(see claim 1, a receiver configured to receive basic system information from the H-WTRU); and
perform cell selection or reselection to the cell based on the received BSI (see [0111] As shown in FIG. 9B, an NP-WTRU 902.sub.i responds to the NDIT with an NDRT to the NS-WTRU 901. Then association information is exchanged between the NS-WTRU 901 and the NP-WTRU 902.sub.i, and the NP-WTRU 902.sub.i sends basic system information to the NS-WTRU 901. The NS-WTRU 901 selects the NP-WTRU 902.sub.i as a H-WTRU 202 and the NP-WTRU 902.sub.i becomes the H-WTRU 202, while the NS-WTRU 901 becomes the T-WTRU 201. It is noted that for ease of description NS-WTRU 901 is interchanged with T-WTRU 201 herein, as is NP-WTRU 902.sub.i with H-WTRU 202.). Also see fig. 15, block 1214, perform reselection evaluation).
With regards to claim 22, method for a wireless transmit/receive unit (WTRU), the method comprising: sending an uplink indication to a cell, wherein the cell is configured to delay transmitting basic system information (BSI) for enabling cell selection or reselection until the cell is triggered to begin transmitting BSI, wherein the uplink indication is configured to trigger the cell to begin transmitting BSI; receiving a signal comprising BSI from the cell; and performing cell selection or reselection to the cell based on the received BSI.( claim 22 recites a method and similar limitations as in claim 16. Claim 22 is rejected similarly as in claim 16 above).
With regards to claim 28, Pragada et al discloses A network node (see fig. 1A, [0036] The base station 114a may be part of the RAN 104, which may also include other base stations and/or network elements (not shown), such as a base station controller (BSC), a radio network controller (RNC), relay nodes, etc. Also see claim 12, A base station for controlling helper wireless transmit/receive unit (H-WTRU) selection, the base station comprising: a receiver configured to receive a first message from a first neighbor present WTRU (NP-WTRU), the first message indicating receipt of a neighbor discovery initiation transmission (NDIT) from a neighbor seeking WTRU (NS-WTRU)); a processor configured to start a timer; the processor further configured to select a H-WTRU upon expiration of the timer; and a transmitter configured to transmit a neighbor discovery response message to the H-WTRU, the neighbor discovery response message indicating selection of the H-WTRU to relay cross link (XL) data associated with NS-WTRU.)comprising:
a processor, wherein the processor is configured to: receive, from a wireless transmit/receive unit (WTRU), an uplink indication (a processor configured to start a timer; the processor further configured to select a H-WTRU upon expiration of the timer; and a transmitter configured to transmit a neighbor discovery response message to the H-WTRU, the neighbor discovery response message indicating selection of the H-WTRU to relay cross link (XL) data associated with NS-WTRU.), wherein the processor is configured to delay transmitting basic system information (BSI) for enabling cell selection or reselection until the network node is triggered to begin transmitting BSI, wherein the uplink indication is configured to trigger the network node to begin transmitting BSI; (see fig. 11, [0127] Acquisition of basic system information is described herein. When a NP-WTRU 902.sub.i is selected to become the H-WTRU 202, the NP-WTRU 902.sub.i may transmit basic system information to the NS-WTRU 901. The basic system information may be used to by the NS-WTRU 901 to determine whether to camp on the cell that the selected NP-WTRU is camped on (or to which the selected NP-WTRU is connected). The cell that the NS-WTRU 901 camps on may be the same as the cell on which the NP-WTRU 902.sub.i is camped (or connected to). It is noted that system information other than the basic system information is referred to herein as extended system information.)
determine, based on the uplink indication, to begin transmitting BSI(see [0111] As shown in FIG. 9B, an NP-WTRU 902.sub.i responds to the NDIT with an NDRT to the NS-WTRU 901. Then association information is exchanged between the NS-WTRU 901 and the NP-WTRU 902.sub.i, and the NP-WTRU 902.sub.i sends basic system information to the NS-WTRU 901. The NS-WTRU 901 selects the NP-WTRU 902.sub.i as a H-WTRU 202 and the NP-WTRU 902.sub.i becomes the H-WTRU 202, while the NS-WTRU 901 becomes the T-WTRU 201. It is noted that for ease of description NS-WTRU 901 is interchanged with T-WTRU 201 herein, as is NP-WTRU 902.sub.i with H-WTRU 202.). Also see fig. 15, block 1214, perform reselection evaluation).
; and transmit, based on the uplink indication, a signal comprising BSI to the WTRU. (see claim 15, transitions to the RRC-CONNECTED state upon receiving the NDIT and the second NP-WTRU transitions to the RRC-CONNECTED state upon receiving the NDIT)
With regards to claims 17, 23 and 29, Pragada et al discloses the WTRU of claim 16, wherein the uplink indication comprises a presence indication, indicating the presence of the WTRU ([0111] As shown in FIG. 9B, an NP-WTRU 902.sub.i responds to the NDIT with an NDRT to the NS-WTRU 901. Then association information is exchanged between the NS-WTRU 901 and the NP-WTRU 902.sub.i, and the NP-WTRU 902.sub.i sends basic system information to the NS-WTRU 901. The NS-WTRU 901 selects the NP-WTRU 902.sub.i as a H-WTRU 202 and the NP-WTRU 902.sub.i becomes the H-WTRU 202, while the NS-WTRU 901 becomes the T-WTRU 201. It is noted that for ease of description NS-WTRU 901 is interchanged with T-WTRU 201 herein, as is NP-WTRU 902.sub.i with H-WTRU 202.
With regards to claims 18 , 24 and 30 Pragada et al discloses the WTRU of claim 16, wherein the processor is configured to monitor for a network presence indicator signal; and send/receive the uplink indication to the cell upon detecting the network presence indicator signal (see [0113] The NP-WTRUs 902 may detect an NS-WTRU's 901 identifier based on the NDIT and report receipt of the NDIT from the NS-WTRU 901 to the base station 114 1008, for example, by transmitting a first message to the base station 114. The NP-WTRUs may further report parameters related to a suitability index based on the NP-WTRUs' 902 battery level and the like. The suitability index may be based on real-time data, including, XL 203 conditions, mobility, TRL 204 conditions, battery status, hardware limitations, user subscription level or willingness to act as a H-WTRU 202. The suitability index may also be based on whether a NP-WTRU 902.sub.i is a H-WTRU for the XL of another T-WTRU)
With regards to claims 19 , 25 and 31, Pragada et al discloses the WTRU of claim 18, wherein the network presence indicator signal and the signal comprising BSI are both periodic, wherein the network presence indicator signal has a longer period than the signal comprising BSI.(see fig. 8, periodic trigger timer, [0101], When the T-WTRU 201 is in the Camped on any cell state, cell selection or reselection may be triggered periodically based on a timer, (for example, T.sub.reselection).
With regards to claims 20,26 and 32, Pragada et al discloses the WTRU of claim 16, wherein the processor is configured to send the uplink indication to the cell while the WTRU is operating in an RRC_IDLE or RRC_INACTIVE state (See fig. 15, RRC-IDLE Keep alive, [0155] In the RRC-IDLE state 410, keep alive messages may be used by the H-WTRU 202 and the T-WTRU 201 to detect mobility) .
With regards to claims 21, 27 and 33, Pragada et al discloses the WTRU of claim 16, wherein the signal comprising BSI comprises scheduling information to acquire other system information, a bandwidth configuration, an indication of a sub-carrier spacing, or a system frame number(see, [0113] The NP-WTRUs 902 may detect an NS-WTRU's 901 identifier based on the NDIT and report receipt of the NDIT from the NS-WTRU 901 to the base station 114 1008, for example, by transmitting a first message to the base station 114. The NP-WTRUs may further report parameters related to a suitability index based on the NP-WTRUs' 902 battery level and the like. The suitability index may be based on real-time data, including, XL 203 conditions, mobility, TRL 204 conditions, battery status, hardware limitations, user subscription level or willingness to act as a H-WTRU 202. The suitability index may also be based on whether a NP-WTRU 902.sub.i is a H-WTRU for the XL of another T-WTRU).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nazar et al (US 20130039332 A1) discloses a wireless transmit/receive unit (WTRU) receives a downlink transmission from an eNodeB including a plurality of spatial layers transmitted to a plurality of WTRUs paired for multi-user MIMO.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE E TAYONG whose telephone number is (571)270-1675. The examiner can normally be reached 9am-5pm.
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, Hannah S Wang can be reached at 571-272-9018. 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.
/HELENE E TAYONG/Primary Examiner, Art Unit 2631 September 29, 2026
Prosecution Insights