DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Argument
Applicant's arguments, filed 06/24/26, with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Claims 1-61, 63, 74, 79-80 and 83 have been canceled.
Claims 85-86 are added.
Claims 62, 64-73, 75-78 and 81-86 are pending.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 62, 64-73, 75-78 and 81-86 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable claims 62-81 Co-Pending Application 18/860496. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the Co-Pending Application 18/860496 with obvious wording variations.
Instant Application
Co-Pending Application 18/860496
62. (Currently Amended) A user equipment comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the user equipment to perform:
receiving, from a network entity, an indication of a discontinuous transmission configuration associated with the network entity, wherein the indication indicates to the user equipment that the network entity will refrain from providing downlink transmissions during a time period associated with the discontinuous transmission configuration;
receiving, from the network entity, an indication to activate the discontinuous transmission configuration determining, based at least on the indication to activate the discontinuous transmission configuration reception at the user equipment will at least partially overlap with the time period associated with the discontinuous transmission configuration; and skipping of the determined reception, wherein the user equipment refrains from performing operations associated with the determined.
62. (New) An apparatus for a terminal, the apparatus comprising:
one or more processors, and memory storing instructions that, when executed by the one or more processors, cause the apparatus to perform:
receiving, from a network entity, an indication of a discontinuous transmission configuration associated with the network entity, wherein the indication indicates to the terminal that the network entity will refrain from providing downlink transmissions during a time period associated with the discontinuous transmission configuration;
determining whether at least one of: a reception at the terminal, and a transmission from the terminal, will at least partially overlap with the time period associated with the discontinuous transmission configuration; and
when it is determined that at least one of: the reception and the transmission will at least partially overlap with the time period, performing an action associated with the determined reception and/or transmission.
Both sets of claims features of the instant application (claims 64-73, 75-78 and 81-86) and Co-Pending Application 18/860496 (claims 63-81) can be compared by using the table as shown above.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 62, 65-68, 77-78 and 81-82 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (U.S. 20160088681) in view of Xu et al. (U.S. 20240187928).
For claim 62, Chang et al. disclose a user equipment comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the user equipment to perform:
receiving, from a network entity, an indication of a discontinuous transmission configuration associated with the network entity, wherein the indication indicates to the user equipment that the network entity will refrain from providing downlink transmissions during a time period associated with the discontinuous transmission configuration (at least Fig. 7, [0250] and [0282]. The UE acquires a PDCCH command that is sent by the eNB and includes a single DTX period. A single DTX period includes an active time/a sleep time in the period. In this step, the eNB may notify the UE of duration, from a current subframe, for which the eNB is continuously in a DTX active state, and duration for which the eNB enters a DTX sleep state after the active state expires; or a total time, in a current DTX period, in which the base station stays in an active state and a total time, in a current DTX period, in which the base station stays in a sleep state after the active state ends. It should be understood that when the eNB enters the sleep state, the eNB refrains providing downlink transmissions);
receiving, from the network entity, an indication to activate the discontinuous transmission configuration (at least [0256] and [0282]. Sending, by a base station when having extended a discontinuous transmission DTX active time of the base station, extension information of the DTX active time of the base station to the user equipment UE, so that the UE adjusts a DTX active time of the UE according to the extension information, and uses an overlapped time between the DTX active time of the UE and a discontinuous reception DRX active time of the UE as an active time of the UE for listening on a physical downlink control channel PDCCH channel, where the DTX active time of the UE is the DTX active time of the base station learned by the UE.) However, Chang et al. do not disclose determining, based at least on the indication to activate the discontinuous transmission configuration a reception at the user equipment will at least partially overlap with the time period associated with the discontinuous transmission configuration; and skipping of the determined reception, wherein the user equipment refrains from performing operations associated with the determined
In the same field of endeavor, Xu et al. disclose determining, based at least on the indication to activate the discontinuous transmission configuration a reception at the user equipment will at least partially overlap with the time period associated with the discontinuous transmission configuration; and skipping of the determined reception, wherein the user equipment refrains from performing operations associated with the determined (at least [0064] and [0176]. In response to detecting discontinuous transmission (DTX) occurs on the second data transmission (i.e., 413-2 as shown in FIG. 4B) on SCell #1, the UE may consider the corresponding secondary serving cell, i.e., SCell #1, does not transmit data at this occasion, and skip the data reception on SCell #1 to only perform data reception on the a selected active cell (e.g., PCell as shown in FIG. 4).)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Chang et al. as taught by Xu et al. for purpose of performing the data transmission/reception at a selected occasion within the occasion window.
For claim 65, the combination of Chang et al. and Xu et al. disclose the user equipment according to claim 62. Chang et al. disclose wherein the instructions, when executed with the at least one processor, cause the user equipment to perform performing measurements on reference signal resource elements that do not overlap with the time period associated with the discontinuous transmission configuration (at least [0256] and [0282]. Sending, by a base station when having extended a discontinuous transmission DTX active time of the base station, extension information of the DTX active time of the base station to the user equipment UE, so that the UE adjusts a DTX active time of the UE according to the extension information, and uses an overlapped time between the DTX active time of the UE and a discontinuous reception DRX active time of the UE as an active time of the UE for listening on a physical downlink control channel PDCCH channel, where the DTX active time of the UE is the DTX active time of the base station learned by the UE. In other words, the base stations transmits a PDCCH during the active period of the DTX and the UE listens the PDCCH channel during active period of the DRX.)
For claim 66, the combination of Chang et al. and Xu et al. disclose the user equipment according to claim 62. Xu et al. disclose the skipping comprises postponing a reception associated with the determined reception (at least [0064] and [0176]. In response to detecting discontinuous transmission (DTX) occurs on the second data transmission (i.e., 413-2 as shown in FIG. 4B) on SCell #1, the UE may consider the corresponding secondary serving cell, i.e., SCell #1, does not transmit data at this occasion, and skip the data reception on SCell #1 to only perform data reception on the a selected active cell (e.g., PCell as shown in FIG. 4).)
For claim 67, the combination of Chang et al. and Xu et al. disclose the user equipment according to claim 62. Xu et al. disclose the user equipment to perform changing a timer associated with the determined reception (at least [0064] and [0176]. In response to detecting discontinuous transmission (DTX) occurs on the second data transmission (i.e., 413-2 as shown in FIG. 4B) on SCell #1, the UE may consider the corresponding secondary serving cell, i.e., SCell #1, does not transmit data at this occasion, and skip the data reception on SCell #1 to only perform data reception on the a selected active cell (e.g., PCell as shown in FIG. 4).)
For claim 68, the combination of Chang et al. and Xu et al. disclose the user equipment according to claim 67. Xu et al. disclose the changing the timer comprises at least one of: suspending the timer, ignoring an expired timer, or extending a timer (at least [0256] and [0282]. Sending, by a base station when having extended a discontinuous transmission DTX active time of the base station, extension information of the DTX active time of the base station to the user equipment UE, so that the UE adjusts a DTX active time of the UE according to the extension information, and uses an overlapped time between the DTX active time of the UE and a discontinuous reception DRX active time of the UE as an active time of the UE for listening on a physical downlink control channel PDCCH channel, where the DTX active time of the UE is the DTX active time of the base station learned by the UE.)
For claim 77, the combination of Chang et al. and Xu et al. disclose the user equipment according to claim 62. Chang et al. disclose receiving, from the network entity, a further indication of a discontinuous reception configuration associated with the user equipment (at least [0174]-[0175]. Acquire extension information of a DTX active time of a base station, where the extension information is used to indicate extension performed by the base station on the DTX active time of the base station. Adjust a DTX active time of the UE according to the extension information, and use an overlapped time between the DTX active time of the UE and a discontinuous reception DRX active time of the UE as an active time of the UE for listening on a physical downlink control channel PDCCH channel, where the DTX active time of the UE is the DTX active time of the base station learned by the UE.)
For claim 78, the combination of Chang et al. and Xu et al. disclose the user equipment according to claim 62. Chang et al. disclose determining that a transmission from the user equipment will at least partially overlap with a further time period associated with the discontinuous reception configuration; and performing an action associated with the determined transmission (at least [0256] and [0282]. Sending, by a base station when having extended a discontinuous transmission DTX active time of the base station, extension information of the DTX active time of the base station to the user equipment UE, so that the UE adjusts a DTX active time of the UE according to the extension information, and uses an overlapped time between the DTX active time of the UE and a discontinuous reception DRX active time of the UE as an active time of the UE for listening on a physical downlink control channel PDCCH channel, where the DTX active time of the UE is the DTX active time of the base station learned by the UE.)
For claim 81, the claim has features similar to claim 62. Therefore, the claim is also rejected for the same reason in claim 62.
For claim 82, the claim has features similar to claim 67. Therefore, the claim is also rejected for the same reason in claim 67.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claim 64 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (U.S. 20160088681) in view of Xu et al. (U.S. 20240187928) and further in view of Ren et al. (U.S. 12549985).
For claim 64, the combination of Chang et al. and Xu et al. do not disclose the user equipment according to claim 62, wherein the skipping further comprises skipping measurements to be performed with the user equipment, when the determined reception at the user equipment comprises at least one reference signal.
In the same field of endeavor, Ren et al. disclose the skipping further comprises skipping measurements to be performed with the user equipment, when the determined reception at the user equipment comprises at least one reference signal (at least claim 15. Transmitting a dynamic control signal to the UE to cause the UE to skip one or more CLI measurements in response to receiving the dynamic control signal, wherein the dynamic control signal comprises a first indication for sounding reference signal (SRS) reference signal received power (SRS-RSRP) and a second indication for received signal strength indicator (RSSI), and wherein the dynamic control signal indicates an additional set of CLI measurement resources; and measuring the additional set of CLI measurement resources while skipping the one or more CLI measurements.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Chang et al. as taught by Ren et al. for purpose of saving power and the DL resources become available for DL signal/channels from the base station.
Claims 69-70 and 84 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (U.S. 20160088681) in view of Xu et al. (U.S. 20240187928) and further in view of Ma et al. (U.S. 20200275326).
For claim 69, the combination of Chang et al. and Xu et al. do not disclose the user equipment according to claim 62, wherein the discontinuous transmission configuration comprises a resource pattern, in a time domain, wherein the resource pattern comprises at least one of: a pattern time duration, a time offset, a repetition period, or a micro-discontinuous transmission configuration.
In the same field of endeavor, Ma et al disclose the discontinuous transmission configuration comprises a resource pattern, in a time domain, wherein the resource pattern comprises at least one of: a pattern time duration, a time offset, a repetition period, or a micro-discontinuous transmission configuration (at least [0053] and [0122]-[0123]. The RAN node 2 adjusts the DTX pattern from the UE according to the time information (such as the time offset information) from the UE, and transmits the adjusted DTX pattern to the UE. The UE may provide a DTX pattern from the RAN node 2 to the RAN node 1 to update a DTX pattern stored in the RAN node 1.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Chang et al. as taught by Ma et al. for purpose of providing corresponding services to the UE.
For claim 70, the combination of Chang et al., Xu et al. and Ma et al. disclose the user equipment according to claim 69. Ma et al. disclose wherein the resource pattern comprises at least one of: information about the applicability of the resource pattern to at least one of one or more channels or signals, and or operations to be performed with the user equipment related to the at least one of the one or more channels or the signals (at least [0053] and [0122]-[0123]. The RAN node 2 adjusts the DTX pattern from the UE according to the time information (such as the time offset information) from the UE, and transmits the adjusted DTX pattern to the UE. The UE may provide a DTX pattern from the RAN node 2 to the RAN node 1 to update a DTX pattern stored in the RAN node 1.)
For claim 84, the claim has features similar to claim 69. Therefore, the claim is also rejected for the same reason in claim 69.
Claim 71 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (U.S. 20160088681) in view of Xu et al. (U.S. 20240187928) and further in view of Bao et al. (U.S. 20210410098).
For claim 71, the combination of Chang et al. and Xu et al. do not disclose the user equipment according to claim 62, wherein the indication of the discontinuous transmission configuration is received, with a broadcast signaling, to user equipment in a cell, wherein the user equipment is within coverage of the cell, the cell being provided with the network entity (at least [0085]. The base station 105 may align active DRX periods of the one or more UEs 115 with active DTX periods of the base station 105 (e.g., without indicating a DTX configuration of the base station 105) based on scheduling broadcast transmissions (e.g., synchronization signal blocks (SSBs), random access channel (RACH) messages, paging messages, and SI) and downlink transmissions on similar time resources (e.g., in the same slots).)
In the same field of endeavor, Bao et al disclose the indication of the discontinuous transmission configuration is received, with a broadcast signaling, to user equipment in a cell, wherein the user equipment is within coverage of the cell, the cell being provided with the network entity (at least [0085]. The base station 105 may align active DRX periods of the one or more UEs 115 with active DTX periods of the base station 105 (e.g., without indicating a DTX configuration of the base station 105) based on scheduling broadcast transmissions (e.g., synchronization signal blocks (SSBs), random access channel (RACH) messages, paging messages, and SI) and downlink transmissions on similar time resources (e.g., in the same slots).)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Chang et al. as taught by Ren et al. for purpose of measuring a portion of a positioning signal.
Claims 72-73 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (U.S. 20160088681) in view of Xu et al. (U.S. 20240187928) and further in view of Jiang et al. (U.S. 20230180346).
For claim 72, the combination of Chang et al. and Xu et al. do not disclose the user equipment according to claim 62, wherein the instructions, when executed with the at least one processor, cause the apparatus to perform: receiving a plurality of discontinuous transmission configurations associated with the network entity, wherein the discontinuous transmission configuration is one of the plurality of discontinuous transmission configurations.
In the same field of endeavor, Jiang et al. disclose receiving a plurality of discontinuous transmission configurations associated with the network entity, wherein the discontinuous transmission configuration is one of the plurality of discontinuous transmission configurations (at least [0081]. The network device or the second device may alternatively configure a plurality of types of DTX configurations for the terminal, so as to implement switching between the DTX configurations according to specific rules.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Bao et al. as taught by Chang et al. for purpose of switching between the DTX configurations according to specific rules.
For claim 73, the combination of Chang et al., Xu et al. and Jiang et al. disclose the user equipment according to claim 72. Ly et al. disclose wherein the plurality of discontinuous transmission configurations is received with: radio resource signalling, a medium access control control element, downlink control information, or system information (at least [0003]. The base station may indicate a set of UE-group common C-DRX configurations to the group of UE via control signaling, such as radio resource control (RRC), downlink control information (DCI), or medium access control-control element (MAC-CE). A UE of the group of UE may select a UE-group common C-DRX configuration from the indicated set of UE-group common C-DRX configurations.)
Claims 85-86 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (U.S. 20160088681) in view of Xu et al. (U.S. 20240187928) and further in view of AKL et al. (U.S. 20230354188).
For claim 85, the combination of Chang et al. and Xu et al. do not disclose the user equipment according to claim 62, wherein the instructions, when executed with the at least one processor, cause the user equipment to perform: receiving, from the network entity, an indication to deactivate the activated discontinuous transmission configurations
In the same field of endeavor, AKL et al. disclose receiving a plurality of discontinuous transmission configurations associated with the network entity, wherein the discontinuous transmission configuration is one of the plurality of discontinuous transmission configurations (at least [0159]. The base station 904 may activate or deactivate application of DTX to an SR configuration, CG-PUSCH configuration, or other UE transmission configuration via message 924, message 916, or other message or configuration.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Chang et al. as taught by AKL et al. for purpose of allowing a network entity to receive an uplink transmission from a UE in UE DTX or cell DRX based on dynamic activation or deactivation of a DTX configuration.
For claim 86, the claim has features similar to claim 85. Therefore, the claim is also rejected for the same reason in claim 85.
Allowable Subject Matter
Claims 75-76 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
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-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, Kathy Wang-Hurst can be reached on 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7687.
/DAI PHUONG/Primary Examiner, Art Unit 2644
Prosecution Insights