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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/23/2026 has been entered.
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
Jung teaches the amended “a second parameter indicating that the wireless device [[can]] is enabled to defer transmission of feedback information of the SPS due to an unavailability of uplink resources;”
See Jung “[0084] In one implementation, a UE receives an indication of a maximum allowed number of SPS PDSCHs of a DL SPS configuration for which the UE can aggregate HARQ-ACK information and transmit the aggregated HARQ-ACK information in one uplink channel (e.g. PUCCH or PUSCH) if the UE delays one or more HARQ-ACK feedbacks corresponding to one or more SPS PDSCHs of the DL SPS configuration.”
Also, “[0085]… If the configured PUCCH resource is not available for HARQ-ACK transmission, the UE can delay HARQ-ACK transmission up to following ‘X’ HARQ-ACK transmission occasions (i.e. PUCCH occasions) of the DL SPS configuration, where ‘X’ is determined based on the indicated maximum allowed number of SPS PDSCHs of the DL SPS configuration for aggregated HARQ-ACK feedback.”
Supported by ‘345 see page 12, for “maximum allowed time duration of delaying HARQ-ACK feedback” in paragraph starting “According to one embodiment”, and page 13, paragraph starting “In one implementation”
For these reasons, the argument was not persuasive.
Claim Rejections - 35 USC § 102
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.
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 1, 11, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung; Hyejung et al. US PGPUB 20220377796 A1, supported by provisional application 62/933,345 (hereinafter ‘345) filed on 11/08/2019.
Regarding claim 1. A method comprising: receiving, by a wireless device, a radio resource control (RRC) message ([0026] Semi-Persistent Scheduling (SPS) is configured by radio resource control (RRC) per Serving Cell and per BWP.
See ‘345, page 6, section 5.8.1 “Semi-Persistent Scheduling (SPS) is configured by RRC per Serving Cell and per BWP.”) comprising:
a first parameter indicating a periodicity of a semi-persistent scheduling (SPS) on a physical downlink shared channel (PDSCH); (Fig. 2, SPS-Config, periodicity.
See ‘345 page 8, first table, SPS-Config descriptions, periodicity at the bottom) and
a second parameter indicating that the wireless device is enabled to defer transmission of feedback information of the SPS due to an unavailability of uplink resources; (“[0084] In one implementation, a UE receives an indication of a maximum allowed number of SPS PDSCHs of a DL SPS configuration for which the UE can aggregate HARQ-ACK information and transmit the aggregated HARQ-ACK information in one uplink channel (e.g. PUCCH or PUSCH) if the UE delays one or more HARQ-ACK feedbacks corresponding to one or more SPS PDSCHs of the DL SPS configuration.
[0085]… If the configured PUCCH resource is not available for HARQ-ACK transmission, the UE can delay HARQ-ACK transmission up to following ‘X’ HARQ-ACK transmission occasions (i.e. PUCCH occasions) of the DL SPS configuration, where ‘X’ is determined based on the indicated maximum allowed number of SPS PDSCHs of the DL SPS configuration for aggregated HARQ-ACK feedback.
Supported by ‘345 see page 12, for “maximum allowed time duration of delaying HARQ-ACK feedback” in paragraph starting “According to one embodiment”, and page 13, paragraph starting “In one implementation” )
receiving a PDSCH reception of the SPS, wherein the PDSCH reception is associated with a first physical uplink control channel (PUCCH) resource indicated by a feedback timing parameter of the SPS; ([0019] the UE identifies PDSCH-to-HARQ feedback delay in terms of a number of slots from the PDSCH-to-HARQ feedback timing indicator field in downlink control information (DCI) format 1_0 or, if present, in DCI format 1_1 activating the SPS PDSCH reception, and determines a slot where the UE transmits HARQ-ACK information for a given SPS PDSCH. See ‘345 page 5, last paragraph.)
See also [0085] below, the configured PUCCH resource being the first PUCCH resource).
deferring, based on the second parameter and at least one symbol of the first PUCCH resource not being available for uplink transmission, ([0085] A configured PUCCH resource (i.e. the initial PUCCH occasion) for HARQ-ACK feedback to a given SPS PDSCH is determined based on a RRC configured PUCCH resource index and the semi-persistently configured (via SPS activation DCI) PDSCH-to-HARQ timing. The configured PUCCH resource may not be available because of partial or full overlapping with semi-statically configured DL symbols (and semi-statically configured “Flexible” symbols. (Full paragraph is available at provisional application ‘345 page 13, middle of the page). )
transmission of the feedback information of the PDSCH reception via the first PUCCH resource; ([0087] In other implementations, a UE receives an indication of a minimum PDSCH-to-HARQ feedback delay and a maximum PDSCH-to-HARQ feedback delay and identifies the earliest available HARQ-ACK PUCCH occasion that starts no later than the maximum PDSCH-to-HARQ feedback delay but later than the minimum PDSCH-to-HARQ feedback delay. The indication of the minimum PDSCH-to-HARQ feedback delay and the maximum PDSCH-to-HARQ feedback delay can be received via an RRC message and/or via DL SPS activation DCI.
see ‘345, page 13, last full paragraph)
determining a second PUCCH resource after the first PUCCH resource; ([0092] In another embodiment, an indicated slot format of a slot could be same or different across different carriers. The UE may choose to transmit HARQ-ACK feedback in one of the configured PUCCH carriers within the maximum allowed HARQ-ACK feedback delay where the uplink symbol is available at the earliest.
see ‘345, page 14, last full paragraph) and
transmitting the feedback information via the second PUCCH resource. ([0087] same as above)
Regarding claims 11, Jung teaches A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, (Fig. 6) cause the wireless device to perform the method in claim 1 respectively. They are rejected for the same reasons as above.
Regarding claim 20. Jung teach A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors, cause the one or more processors (Fig. 6) to the method in claim 1. It is rejected for the same reasons as above.
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, 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.
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.
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.
Claims 2, 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claims 1 and 11, further in view Lei; Haipeng et al. US 20220053537 A1.
Regarding claim 2. Jung teaches The method of claim 1, but they do not teach wherein the transmitting the feedback information via the second uplink control channel comprises multiplexing the feedback information in the second uplink control channel.
However, Lei teaches wherein the transmitting the feedback information via the second uplink control channel comprises multiplexing the feedback information in the second uplink control channel.
([0059] For each transmitted TB, the UE would transmit a HARQ-ACK on PUCCH or PUSCH back to the gNB to indicate whether or not the transmitted TB is successfully received at the UE.)
in order to improve transmission performance by delaying HARQ-ACK when slot is unavailable in unlicensed band ([0005])
Jung and Lei are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of delaying HARQ-ACK in order to improve transmission performance.
Regarding claim 3. Jung teaches The method of claim 1, and they do not teach further comprising receiving a downlink control information (DCI) indicating the second uplink control channel.
However, Lei teaches
receiving a downlink control information (DCI) indicating the second uplink control channel.
([0068] When it is necessary for the gNB to trigger the HARQ-ACK feedback from the UE, the gNB may indicate a valid PUCCH resource indicator in the DL grant sent to the UE. Upon receiving the DL grant, the UE can determine to suspend the transmission of the HARQ-ACK feedback based on the value in the field for the PUCCH resource indicator, for example when the field has an invalid value. Alternatively, the UE can also determine to transmit the HARQ-ACK feedback based on the value in the field for the PUCCH resource indicator, for example when the field has a valid value.)
in order to improve transmission performance by delaying HARQ-ACK when slot is unavailable in unlicensed band ([0005])
Jung and Lei are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of delaying HARQ-ACK in order to improve transmission performance.
Regarding claims 12, Jung and Lei teach the wireless device of claim 11, performing the method recited in claim 3. It is rejected for the same reasons as above.
Claims 6-8, 10, 15-17, 19, 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claims 1 and 11, further in view of CHOI; Kyungjun et al. US PGPUB 20210352656 A1
Regarding claim 6. Jung teaches The method of claim 1, but they don’t teach Wherein the RRC message comprising configuration parameters indicating transmission directions of a plurality of symbols comprising the at least one symbol, wherein a transmission direction of a symbol is uplink or downlink or undetermined.
However, Choi teaches
Wherein the RRC message comprising configuration parameters indicating transmission directions of a plurality of symbols comprising the at least one symbol, wherein a transmission direction of a symbol is uplink or downlink or undetermined. ([0075] Information on the type of each symbol, i.e., information representing any one of DL symbols, UL symbols, and flexible symbols, may be configured with a cell-specific or common radio resource control (RRC) signal.)
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Regarding claim 7. Jung teaches The method of claim 6, but they don’t teach wherein the deferring, based on the parameter and the at least one symbol of the first PUCCH resource, further comprises determining, based on the configuration parameters, that a transmission direction of the at least one symbol of radio resources allocated to the first PUCCH resource is downlink.
However, Choi teaches
wherein the deferring, based on the parameter and the at least one symbol of the PUCCH resource, further comprises determining, based on the configuration parameters, that a transmission direction of the at least one symbol of radio resources allocated to the first PUCCH resource is downlink. (([0283] As another example, the UE may determine the k1 value except for a slot configured as a semi-static DL symbol by a higher layer. For example, the UE excludes, when determining the k1 value, a slot including only semi-static DL symbols. Alternatively, the UE may exclude, when determining the k1 value, a slot in which all PUCCH transmissions are impossible due to semi-static DL symbols.)
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Regarding claim 8. Jung teaches The method of any one of claim 7, but they don’t teach
wherein the postponing, based on the parameter and the at least one symbol of the first PUCCH resource, further comprises determining, based on the configuration parameters, that transmission directions of symbols of radio resources allocated to the second uplink control channel are uplink
However, Choi teaches
wherein the postponing, based on the parameter and the at least one symbol of the first PUCCH resource, further comprises determining, based on the configuration parameters, that transmission directions of symbols of radio resources allocated to the second uplink control channel are uplink. ([0283] As another example, the UE may determine the k1 value except for a slot configured as a semi-static DL symbol by a higher layer. For example, the UE excludes, when determining the k1 value, a slot including only semi-static DL symbols. Alternatively, the UE may exclude, when determining the k1 value, a slot in which all PUCCH transmissions are impossible due to semi-static DL symbols.)
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Regarding claim 10. Jung teaches The method of any one of claim 7, but it does not teach
the deferring, based on the at least one symbol of the first PUCCH resource, further comprises determining, based on the configuration parameters, that transmission directions of symbols of radio resources allocated to the second uplink control channel are uplink or flexible
However, Choi teaches wherein the postponing, based on the at least one symbol of the first PUCCH resource, further comprises determining, based on the configuration parameters, that transmission directions of symbols of radio resources allocated to the second uplink control channel are uplink or flexible. ([0074] A radio frame used as a DL carrier in a frequency division duplex (FDD) or a paired spectrum may be configured with a DL symbol or a flexible symbol, and a radio frame used as a UL carrier may be configured with a UL symbol or a flexible symbol.)
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Regarding claim 21, Jung teaches The method of claim 1, but it does not teach wherein the second uplink control channel is within a time interval from the PDSCH.
However, Choi teaches wherein the second uplink control channel is within a time interval from the PDSCH. ([0303] As another example, the base station may indicate multiple k1 values to transmit HARQ-ACK of the SPS PDSCH to the UE. When the UE receives multiple K1 values (e.g., both k1_1 and k1_2) from the base station, the method of transmitting HARQ-ACK is as follows. When a slot in which the SPS PDSCH is received is slot n, if a PUCCH can be transmitted in n+k1_1, transmission is performed. If the PUCCH cannot be transmitted in n+k1_1, the PUCCH is transmitted in n+k1_2.)
The examiner notes that Choi teaches k1 value is given as a sub-slot, [0201-0207] while the SPS interval is in the order 10 ms ([0296]), i.e. the length of a radio frame ([0101]) Therefore a person with ordinary skill in the art would understand Choi’s k1_1 and k1_2 would be within the time interval of the SPS interval.
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Regarding claim 22, Jung and Choi teaches The method of claim 21, and SON teaches wherein the RRC message further indicates a duration of the time interval. ([0208] UE receives RRC control message including downlink SPS configuration information including SPS C-RNTI, k0, k1, semiPersistSchedIntervalDL, associated numerology/SCS and associated BWP 1201. semiPersistSchedIntervalDL is either the number of subframes, number of slots or number of symbols.)
Regarding claims 15-17, 19, 23 and 24 Jung, Saber and Choi teaches A wireless device comprising: one or more processors (SON, Fig. 6); and memory storing instructions (SON, Fig. 6) that, when executed by the one or more processors, cause the wireless device to perform the method in claim 6-8, 10, 21 and 22 respectively. They are rejected for the same reasons as above.
Regarding claim 25. Jung The method of claim 1, Jung teaches wherein the RRC message comprises SPS configurations indicating the first parameter, (Fig. 2, SPS-Config, periodicity. ) the second parameter, ([0087] The indication of the minimum PDSCH-to-HARQ feedback delay and the maximum PDSCH-to-HARQ feedback delay can be received via an RRC message and/or via DL SPS activation DCI.)
They don’t teach and the RRC message comprises SPS configurations indicating the second PUCCH resource.
However, Choi teaches
RRC message comprises SPS configurations indicating the second PUCCH resource. ([0030] In another aspect, the method may further include transmitting the first indicator corresponding to the first PUCCH and the second indicator corresponding to the second PUCCH to the UE via a physical downlink control channel (PDCCH) or radio resource control (RRC) signaling.)
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Regarding claim 26. Jung teaches The method of claim 1, but it does not teach further comprising determining the second PUCCH resource based on the periodicity of the SPS.
However, Choi teaches
determining the second PUCCH resource based on the periodicity of the SPS. ([0457] The UE may discard the PUCCH resource corresponding to an SPS PDSCH occasion (e.g. PUCCH-SPS in FIG. 23) and/or may transmit the HARQ feedback of SPS PDSCH/PDCCH occasion via a second PUCCH resource, e.g. in response to determining the second PUCCH resource is within a first time interval/window.)
In order to reduce latency by providing HARQ-ACK in one slot.
Jung and Choi are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Jung with the technique of symbol direction configuration in Choi in order to reduce latency.
Conclusion
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 ZHAOHUI YANG whose telephone number is (571)270-7527. The examiner can normally be reached 9 AM to 5 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marcus Smith can be reached on 571 270-1096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHAOHUI YANG/ Examiner, Art Unit 2468
/MARCUS SMITH/ Supervisory Patent Examiner, Art Unit 2468
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