DETAILED ACTION
Notice of Pre-AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 (i.e., changing from AIA to pre-AIA ) 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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. In particular, this Application claims a domestic benefit to a US provisional application, filed 28 Aug 2012.
Information Disclosure Statements
The information disclosure statements, submitted on 6 Jan 2014, 31 May 2017, 5 Dec 2017, 7 Aug 2025, and 26 Nov 2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Potentially Allowable Subject Matter
Claims 69-70 and 78-79 lack an art rejection and may be allowable if the written description rejection, provided below, is overcome.
Response to Arguments
The Reply alleges the combination of Gaal and Yue fails to teach the “determin[ing]” and “in response to” limitations of claims 1 and 64. Reply, 8-9. In Gaal, the UE monitors two DCI sizes coming from two or more DCI formats. Gaal, ¶55. One of these DCI formats includes format 1A. Id. at ¶56. Because the UE can monitor and detect multiple DCI sizes and formats, it is capable of executing the “determining” step.
As for the “in response to limitation,” as noted above, Gaal teaches a UE capable of detecting a DCI format 1A. Format 1A configures the “fallback operation” for all downlink transmission modes. Gaal, ¶59. Gaal also teaches the downlink communication mode being configured by RRC signaling. Id. at ¶60. In one embodiment, shown in figure 8, Gaal teaches rate-matching around REs reserved for special purposes. Gaal, ¶70. One type of RE for a special purpose are CRS REs. Gaal, figure 8 (marked with “R”). Gaal does not explicitly teach selecting one “set of CRS REs from the four sets of CRS REs.” Supra. However, Yue teaches a network informing the UE of a CRS pattern using one of four two-bit indices. Yue, ¶151 and table 4. Yue also teaches a 1-bit index for informing the UE to either use the CRS pattern of the serving cell or a union of all CRS REs of all TRPs. Yue, ¶138 and table 2; see additionally id. at ¶354 for a 3-bit indicator. In the described invention, during fallback indicated by DCI format 1A, the “PDSCH is rate-matched around the serving cell CRS.” Spec., ¶36. A value of “0” as the mapping indicator in Yue does the same thing. Yue, ¶138 and table 2.
Claim Rejections - 35 USC § 112, 1st paragraph
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4, 6-7, and 64-79 are rejected under 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The independent claims recite, in part, “the DCI format 1A not including the two-bit field” and “in response to determining that the DCI has the DCI has the DCI format 1A, selecting the first set of CRS REs from the four sets of CRS REs configured by the RRC signaling.” The disclosure fails to demonstrate possession of an invention in which the DCI, with format 1A, does not include a two-bit field for identifying CRS patterns, while also selecting one of four possible CRS patterns. In the described invention, two bits are used to indicate four CRS RE patterns. Spec., e.g. ¶31 and table 1 and ¶39 and table 2. The disclosure does not possess an invention, in which four possible patterns are available, but the DCI fails to carry two bits.
Instead, what the disclosure does appear to teach is when fallback is used, “DCI format 1A carries no timing information.” Spec., ¶40 (e.g. righthand column in table 2 shows the assumed timing information in each scenario). However, 2 bits are still used in this embodiment for signaling CRS patterns. The disclosure also teaches an “n-bit” field of the DCI indicating CRS patterns. Spec., ¶30. While n may have n value not equal to 2, , as required by the claimed invention, this alone is still insufficient to support the claimed invention. In particular, the claimed invention of a field being n-bits, where n does not equal 2, while also indicating four CRS patterns and the field being in a DCI with format 1A.
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, 4, 6-7, 64-67, and 71-76 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gaal (US 20120113917 A1) in view of Yue (US 20140044061 A1).
Regarding claim 1, Gaal teaches a method comprising:
determining, at a user equipment (UE), whether downlink control information (DCI) in a subframe has a DCI format IA or a first DCI format (Gaal, ¶¶55-57 – UE monitors two or more DCI formats, including format 1A),
the first DCI format including a . . . field indicative of . . . cell-specific reference signal (CRS) resource elements (CRS REs) (Gaal, figure 3 and ¶¶62 – a downlink DCI format associated with a PDSCH transmission scheme that may be a CRS-based one; Gaal, ¶70 and figure 8 – UE is signaled the PDSCH resource configuration shown in figure 8, where REs marked with an “R” are CRS REs);
. . . [downlink transmission modes] being configured by radio resource control (RRC) signaling (Gaal, ¶60),
in response to determining that the DCI has the DCI format 1A, selecting the first set of CRS REs . . . configured by the RRC signaling (Gaal, ¶¶54, 56 – UE processes resource elements used for reference signals in the common search space if DCI 1A is used [DCI 1A in all downlink modes]; Gaal, ¶¶89, 94 – when DCI 1A is used in a common search space, CSI-RS REs are not discounted); and
receiving a data transmission based on the selected first set of CRS REs. Gaal, ¶55-56 (UE receives PDSCH based on DCI).
Gaal does not explicitly teach (1) “each of the four sets of CRS REs,” (2) the four sets of CRS REs including a first set of CRS REs that corresponds to the two-bit field having a value of zero, (3) a “two-bit” field indicative of “one out of four sets” of cell-specific reference signal (CRS) resource elements (CRS REs), (4) the DCI format. . . not including the two-bit field; or (5) selecting “from the four sets of CRS REs.”
However, Yue teaches
(1) “each of the four sets of CRS REs,” (Yue, ¶118 – four antenna ports support CRS, where CRS RE positions are specified in the subframe; Yue, ¶153 and table 4 – each mapping indicator creates a “set” of CRS REs)
(2) the four sets of CRS REs including a first set of CRS REs that corresponds to the two-bit field having a value of zero (Yue, ¶¶25, 15and tables 3 and 4 – “00” is a zero value),
(3) the first DCI format including a “two-bit” field indicative of “one out of four sets” of cell-specific reference signal (CRS) resource elements (CRS REs) (Yue, claim 6 – the mapping indicator is conveyed in a DCI; Yue, ¶¶150, 321, 361 and tables 3 and 4 – 2-bit indicator for CRS REs),
(4) the DCI format . . . not including the two-bit field (Yue, ¶¶139, 375 and table 2 – 1 bit, instead of 2 bits, may be used to signal mapping indicator, which is conveying in a DCI); or
(5) selecting “from the four sets of CRS REs.” Yue, ¶21 (one of the four mapping indicators is transmitted to the UE).
At the time of the invention (pre-AIA ) or at the effective filing date of the invention (AIA ), it would have been obvious for one of ordinary skill in the art to use the 1-bit mapping indicator, instead of the 2-bit mapping indicator, as taught by Yue, for DCI format 1A, as taught by Gaal, in order to reduce overhead signaling when only two CRS patterns need to be accommodated. Yue, ¶357; see also id., ¶47 (fallback from CoMP to non-CoMP single cell transmissions).
Regarding claim 4, the combination of Gaal and Yue also teaches wherein each of the four sets of CRS REs correspond to a respective transmission point of a CoMP transmission system(Yue, ¶118 and table – where each mapping indicator is associated with a different TP).
Regarding claim 6, the combination of Gaal and Yue also teaches selecting a second set of CRS REs from the four sets of CRS REs based on a value of the two-bit field in response to receiving a second DCI having the first DCI format( Yue, Table 3-4, [0025], [0150], CRS pattern, “01” corresponding to a second set); and receiving a second data transmission based on the selected second set of CRS REs (Yue, Table 3-4, [0154]-[0155], UE would receive CRS based on the PDSCH mapping).
Regarding claim 7, the combination of Gaal and Yue also teaches wherein the first set of CRS REs is a default CRS RE set corresponding to a cell other than a serving cell for the UE (Yue, Table 3-4, [0295], the first set , e.g. “10”, or “11” would be considered as default PDSCH mapping approach).
Regarding claim 65, the combination of Gaal and Yue also teaches wherein receiving the data transmission includes performing physical downlink shared channel (PDSCH) rate-matching based on the selected first set of CRS REs ( Gaal, [0086]-[0088], PDSCH rate matched for transmissions scheduled via different DCI; Yue, Table 3-4, [0335]-[0336], PDSCH rate-matching around the indicated CRS patterns).
Regarding claim 66, the combination of Gaal and Yue also teaches wherein receiving the second data transmission includes performing physical downlink shared channel (PDSCH) rate-matching for the second data transmission based on the selected second set of CRS REs ( Gaal, [0086]-[0088], PDSCH rate matched for transmissions scheduled via different DCI; Yue, Table 3-4, [0335]-[0336], PDSCH rate-matching around the indicated CRS patterns).
the combination of Gaal and Yue is obvious for the same reasons applied to the claim 1.
Regarding claim 67, the combination of Gaal and Yue also teaches wherein receiving the first data transmission includes performing physical downlink shared channel (PDSCH) rate-matching for the first data transmission based on the selected first set of CRS REs ( Gaal, [0086]-[0088], PDSCH rate matched for transmissions scheduled via different DCI; Yue, Table 3-4, [0335]-[0336], PDSCH rate-matching around the indicated CRS patterns).
Claims 64, 71, 72-73, 74-76 are the device claims corresponding to method claims 1, 4, 6-7, 65-67 respectively, and rejected under the same rationale set forth in connection with the rejection of claims 1, 4, 6-7, 65-67 respectively, above. In addition, Gaal teaches UE device with controller and processor ( Fig 6).
Claims 68 and 77 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gaal (US 20120113917 A1) in view of Yue (US 20140044061 A1) and Davydov (US 20140086221 A1).
Regarding claims 68 and 77, the combination of Gaal and Yue teaches the parent claims 1 and 64 as outlined above and the two-bit field ( Yue, Table 3-4, [0150], [0321], [0361], 2-bit indicator, 00, 01, 10, 11, for CRS REs) and different codepoints in the two-bit field corresponding to different respective timing information. Yue, ¶121 (different PDSCH starting points among TPs); Yue, ¶150 (network informs UE of starting point of PDSCH and CRS pattern for PDSCH mapping using indicators in table 4).
The combination of Gaal and Yue also teaches does not explicitly disclose “wherein the field is further indicative of timing information for the physical downlink shared channel (PDSCH).”
However, the teaching of wherein the field is further indicative of timing information for the physical downlink shared channel (PDSCH) is well known in the art as evidenced by Davydov. Specifically, Davydov discloses wherein the field is further indicative of timing information for the physical downlink shared channel (PDSCH) ( [0022], [0024], timing synchronization uses the CRS, PDSCH timing with CSI-RS timing).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teaching of Davydov as mentioned above as a modification to the combination of Gaal and Yue, such that the combination would allow to use CRS timing estimations generated from node specific reference signals of a CoMP measurement set, in order to calculate timing for PDSCH and carry timing synchronization by using cell specific reference signals (CRS).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, including paragraph 60 of Xiao, which teaches a pre-defined set of REs for CRS, and paragraph 225 of Zirwas, which teaches CRSs for antenna ports 0 and 1 being transmitted continuously for fall-back.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S LAMONT whose telephone number is (571)270-7514 and email address is benjamin.lamont@uspto.gov. The examiner can normally be reached M-F 7am to 3pm EST.
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/Benjamin Lamont/Primary Examiner, Art Unit 2461