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 .
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.
Claim(s) 1, 2, 7, 13, 14, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini et al. (U.S. Pub No. 2021/0136781 A1) in view of YANG et al. (U.S. Pub No. 2020/0022161 A1).
1, Hosseini teaches a first node user equipment (UE) for wireless communications, the UE comprising: a transceiver; and a processor [par 0008, An apparatus for wireless communication at a UE is described. The apparatus may include a processor, memory coupled with the processor, and instructions stored in the memory. The instructions may be executable by the processor to cause the apparatus to receive, from a base station],
wherein the transceiver and the processor are configured to: receive a first signaling based on the first signal, (i) a Physical Uplink Control Channel (PUCCH) first radio resource pool reserved for Negative Acknowledgement (NACK) only reporting [par 0146, 0151, discloses When UE 115-a-2 receives a groupcast or multicast sidelink transmission, UE 115-a-2 may implement one of multiple options for its HARQ feedback process. In a first option, UE 115-a-2 may send HARQ NACKs for unsuccessfully decoded TBs and refrain from transmitting HARQ ACKs for successfully decoded TBs (so that UE 115-a-1 is not overwhelmed with HARQ ACKs from the UEs in the groupcast). Base station 105-a may define (e.g., configure or reserve) PUCCH resources for HARQ feedback that are time division multiplexed (TDM'ed)],
and (ii) a Physical Uplink Shared Channel (PUSCH) first-type radio resource pool is reserved for transmitting at least one of: a Transport Block (TB) or a Channel State Information (CSI) report [par 0139, 0141, 1057, In some cases, UE 115-a may determine that it has a periodic signal (e.g., periodic channel state information (P-CSI)) scheduled during the resource pool reserved for sidelink HARQ feedback. The HARQ feedback may be transmitted over a physical uplink control channel (PUCCH) or physical uplink shared channel (PUSCH) between UE 115-a-1 and base station 105-a. the base station 105-a may send UE 115-a-1 downlink control information (DCI) that includes a dynamic grant indicating the resources (e.g., time and frequency) for one or more sidelink transmissions by UE 115-a-1 (e.g., the dynamic grant may indicate the resources for a sidelink transmission of one or more transport blocks (TBs) that include the same data). The base station 105-a may send UE 115-a-1 a configured grant (e.g., type 1 or type 2) that indicates a set of periodic sidelink resources from which UE 115-a-1 can select a subset of resources to transmit over (e.g., UE 115-a-1 may select a subset of resources to transmit one or more TBs)],
on a condition that the first PUCCH radio resource pool and the PUSCH radio resource pool are non-overlapping in time domain, not transmitting an Acknowledgement (ACK) associated with the first signaling [para 0136, 0157, In a first solution, the UE 115 may determine whether the downlink HARQ feedback and the sidelink HARQ feedback are scheduled in temporally-distinct control channel resources. If so, the UE 115 may transmit both types of HARQ feedback in the respective non-overlapping control channel resources. If not, the UE 115 may drop of type of HARQ feedback and transmit the other in the corresponding control channel resources. In a second solution, a single set of control channel resources may be reserved for HARQ feedback. The UE 115 may determine the priority of each type of HARQ feedback and transmit the HARQ feedback with the higher priority in the set of control channel resources. UE 115-a may resolve the conflict by automatically dropping the periodic signal, regardless of whether UE 115-a has sidelink HARQ feedback to transmit in resource pool 315. Alternatively, UE 115-a may resolve the conflict by first determining whether it has sidelink HARQ feedback to transmit in resource pool 315],
and on a condition that the PUCCH radio resource pool and the PUSCH radio resource pool overlapping in time domain, transmitting, in the PUSCH radio resource pool [par 0146, 0151, 0153, Thus, base station 105-a may reserve a first set of resources for HARQ feedback for downlink transmissions and a second set of resources for HARQ feedback for sidelink transmissions. If the resource pools overlap in the time domain, UE 115-a-a may transmit either the Uu HARQ feedback or the sidelink HARQ feedback during the respective resource pool. If UE 115-a-1 determines that timing conditions are satisfied, UE 115-a-1 may multiplex the sidelink HARQ feedback with the Uu sidelink feedback and transmit both in the PUCCH or PUSCH resources scheduled for the Uu HARQ feedback].
Hosseini fail to show the ACK multiplexed with at least one of the TB or CSI report. In an analogous art Yang show the ACK multiplexed with at least one of the TB or CSI report [par 0305, An HARQ-ACK and a CSI report are multiplexed for each of CSI PUCCH resources overlapped with the AN PUCCH resource, and transmitted in the CSI PUCCH resource].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings Hosseini and Yang because this provides a need for mobile broadband communication enhanced over conventional radio access technology (RAT). In addition, massive machine type communications (MTC) capable of providing a variety of services anywhere and anytime by connecting multiple devices and objects is another important issue to be considered for next generation communications. [Yang, par 0028].
2, Hosseini and Yang provide the first node UE according to claim 1, wherein on a condition that the PUCCH radio resource pool and the PUSCH radio resource pool are overlapping in time domain, each timeline condition of one or more timeline conditions required to be fulfilled is fulfilled [Hosseini, par 0176, 0195, At 530, UE 115-e may determine that the resource pools overlap in the time domain. Accordingly, at 535, UE 115-e may drop either the Uu HARQ feedback or the sidelink HARQ feedback. In such cases, UE 115-h may detect the overlap and determine if timing conditions are met for transmitting multiplexed Uu and sidelink HARQ feedback in the resource pool 805 scheduled for Uu HARQ feedback. If the timing conditions are satisfied].
7. Hosseini and Yang demonstrate the UE according to claim 1: Hosseini and Yang fail to show wherein the transceiver and the processor are further configured to: receive multiple signals, wherein the multiple signals comprising comprise the first signal wherein the multiple signals are respectively used to indicate scheduling information for multiple bit blocks [par 0146, When UE 115-a-2 receives a groupcast or multicast sidelink transmission, UE 115-a-2 may implement one of multiple options for its HARQ feedback process. In a first option, UE 115-a-2 may send HARQ NACKs for unsuccessfully decoded TBs and refrain from transmitting HARQ ACKs for successfully decoded TBs (so that UE 115-a-1 is not overwhelmed with HARQ ACKs from the UEs in the groupcast)],
and wherein any of the multiple bit blocks comprises the TB, and wherein the multiple bit blocks are correctly decoded, and wherein ACK is associated with the multiple bit blocks being correctly decoded [par 0146, When UE 115-a-2 implements the first option, UE 115-a-2 may share the PSFCH will all the other UEs 115 targeted for the groupcast/multicast (because only a few HARQ NACKS are expected). In a second option, UE 115-a-2 may transmit HARQ ACKs for successfully decoded TBs and transmit HARQ NACKs for unsuccessfully decoded TBs].
13. Hosseini demonstrates a method in a first node user equipment (UE) for wireless communications, the method comprising: receiving a first signal; determining, based on the first signal, (1) a Physical Uplink Control Channel (PUCCH) first radio resource pool reserved for Negative Acknowledgement (NACK) only reporting[par 0008, 0139, 0165, 0174, The instructions may be executable by the processor to cause the apparatus to receive, from a base station, an indication of a first set of resources within an uplink control channel that are reserved for providing feedback for downlink communications to the UE, receive, from the base station, an indication of a second set of resources within the uplink control channel that are reserved for providing feedback for sidelink communications between the UE and a second UE, and transmit, to the base station. At 405, base station 105-d may identify a first resource pool (e.g., a first set of resources) within a PUCCH for Uu HARQ feedback. At 410, base station 105-d may identify a second resource pool (e.g., a second set of resources) within the PUCCH for sidelink HARQ feedback. At 515, base station 105-e may send, and UE 115-e may receive, an indication of the resource pools identified at 505 and 510. For example, base station 105-e may send an indication of the first resource pool for Uu HARQ feedback and base station 105-e may send an indication of the second resource pool for sidelink HARQ feedback. For example, UE 115-a-1 may send an acknowledgement (ACK) to base station 105-a when UE 115-a-1 successfully receives (e.g., decodes) the downlink data and UE 115-a-1 may send a negative acknowledgement (NACK) to base station 105-a when UE 115-a-1 does not successfully receive the downlink data ],
and (ii) a Physical Uplink Shared Channel (PUSCH) first-type radio resource pool reserved for transmitting at least one of: a Transport Block (TB) or a Channel State Information (CSI) report[par 0139, 0141 The HARQ feedback may be transmitted over a physical uplink control channel (PUCCH) or physical uplink shared channel (PUSCH) between UE 115-a-1 and base station 105-a. the base station 105-a may send UE 115-a-1 downlink control information (DCI) that includes a dynamic grant indicating the resources (e.g., time and frequency) for one or more sidelink transmissions by UE 115-a-1 (e.g., the dynamic grant may indicate the resources for a sidelink transmission of one or more transport blocks (TBs) that include the same data). The base station 105-a may send UE 115-a-1 a configured grant (e.g., type 1 or type 2) that indicates a set of periodic sidelink resources from which UE 115-a-1 can select a subset of resources to transmit over (e.g., UE 115-a-1 may select a subset of resources to transmit one or more TBs)];
on a condition that the PUCCH radio resource pool and the type PUSCH radio resource pool are non-overlapping in time domain, not transmitting an Acknowledgement (ACK) associated with the first signal [par 0139, 0151,0201 To increase reliability, UE 115-a may transmit HARQ feedback to base station 105-a that indicates the reception status of the downlink data at UE 115-a-1. For example, UE 115-a-1 may send an acknowledgement (ACK) to base station 105-a when UE 115-a-1 successfully receives (e.g., decodes) the downlink data and UE 115-a-1 may send a negative acknowledgement (NACK) to base station 105-a when UE 115-a-1 does not successfully receive the downlink data. UE 115-a-a may transmit either the Uu HARQ feedback or the sidelink HARQ feedback during the respective resource pool and refrain from transmitting the other type of HARQ feedback. If the resource pools do not overlap in the time domain, the PUCCH resources 930 scheduled for sidelink HARQ feedback may overlap with PUCCH or PUSCH resources 935 scheduled for Uu HARQ feedback],
and on a condition that the PUCCH radio resource pool and a the PUSCH radio resource pool are overlapping in time domain transmitting, in the PUSCH radio resource pool [par 0146, 0151, 0153, Thus, base station 105-a may reserve a first set of resources for HARQ feedback for downlink transmissions and a second set of resources for HARQ feedback for sidelink transmissions. If the resource pools overlap in the time domain, UE 115-a-a may transmit either the Uu HARQ feedback or the sidelink HARQ feedback during the respective resource pool. If UE 115-a-1 determines that timing conditions are satisfied, UE 115-a-1 may multiplex the sidelink HARQ feedback with the Uu sidelink feedback and transmit both in the PUCCH or PUSCH resources scheduled for the Uu HARQ feedback].
Hosseini fail to show the ACK multiplexed with at least one of the TB or CSI report. In an analogous art Yang show the ACK multiplexed with at least one of the TB or CSI report [par 0305, An HARQ-ACK and a CSI report are multiplexed for each of CSI PUCCH resources overlapped with the AN PUCCH resource, and transmitted in the CSI PUCCH resource].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings Hosseini and Yang because this provides a need for mobile broadband communication enhanced over conventional radio access technology (RAT). In addition, massive machine type communications (MTC) capable of providing a variety of services anywhere and anytime by connecting multiple devices and objects is another important issue to be considered for next generation communications. [Yang, par 0028].
14, Hosseini and Yang discloses the method in the first node UE according to claim 13, wherein on a condition that the PUCCH radio resource pool and a said the PUSCH radio resource pool are overlapping in time domain, each of timeline condition of one or more timeline conditions required to be fulfilled is fulfilled[Hosseini, par 0176, 0195, At 530, UE 115-e may determine that the resource pools overlap in the time domain. Accordingly, at 535, UE 115-e may drop either the Uu HARQ feedback or the sidelink HARQ feedback. In such cases, UE 115-h may detect the overlap and determine if timing conditions are met for transmitting multiplexed Uu and sidelink HARQ feedback in the resource pool 805 scheduled for Uu HARQ feedback. If the timing conditions are satisfied].
19. Hosseini and Yang illustrate the method in the UE according to claim 13, further comprising: receiving multiple signals, wherein the multiple signals comprise the first signal, and wherein the multiple signals are respectively used to indicate scheduling information for multiple bit blocks[par 0146, When UE 115-a-2 receives a groupcast or multicast sidelink transmission, UE 115-a-2 may implement one of multiple options for its HARQ feedback process. In a first option, UE 115-a-2 may send HARQ NACKs for unsuccessfully decoded TBs and refrain from transmitting HARQ ACKs for successfully decoded TBs (so that UE 115-a-1 is not overwhelmed with HARQ ACKs from the UEs in the groupcast)],
and wherein any of the multiple bit blocks comprises the TB, and wherein the multiple bit blocks are correctly decoded, and wherein the ACK is associated with the multiple bit blocks being correctly decoded[par 0146, When UE 115-a-2 implements the first option, UE 115-a-2 may share the PSFCH will all the other UEs 115 targeted for the groupcast/multicast (because only a few HARQ NACKS are expected). In a second option, UE 115-a-2 may transmit HARQ ACKs for successfully decoded TBs and transmit HARQ NACKs for unsuccessfully decoded TBs].
Response to Arguments
In the Non-Final Office Action (First) dated 04/17/2024, Examiner had cited Hosseini under 35 USC § 102. In the response filed on 06/24/2024, Applicant had submitted arguments stating that Hosseini teaches away from the claimed limitations. In response, in the Final Office Action (First) dated 07/25/2024, Examiner did not provide any explanation to show that Hosseini does not teach away from the claimed limitations. Instead, Examiner stated that Hosseini is not ineligible under 35 USC § 102 even if Hosseini teaches away from claimed limitations.
Applicant re-stated that Hosseini teaches away from claimed limitations and that neither Hosseini nor Zhang address the problems of the prior art that are addressed by the claimed limitations. In the Final Office Action (Second) dated 04/03/2025, Examiner only responded to Applicant's arguments against Zhang and was again silent about Applicant's arguments against Hosseini. In the response filed on 08/04/2025, Applicant re-stated that the teaching of Hosseini is against the claimed limitations.
The examiner position is the prior art only have to anticipate the claim limitations.
The prior art does not have to teach or solve the same problem as the applicant claims, a different problem or inventive concept can be solved by the prior art. Hosseini paragraph 0005, 0006, discloses a UE may implement a feedback process to increase the reliability of its communications with another device. the UE may drop one of the first or second feedback data based on priorities associated with the feedback data. Paragraph 0006 of Hosseini is similar to the applicant’s teaching wherein the applicant’s state the claim solve a problem of how to process the multiplexing of HARQ-ACK with other information under the mode of NACK only feedback, by dropping transmission of ACK in case of non-overlapping, as shown in applicant’s remarks page 5 of 7 date 9/19/24. The prior art drop feedback based on priority the applicant drop feedback based on a overlap.
Hossein teaches in paragraph 0146, 0151, discloses When UE 115-a-2 receives a groupcast or multicast sidelink transmission, UE 115-a-2 may implement one of multiple options for its HARQ feedback process. In a first option, UE 115-a-2 may send HARQ NACKs for unsuccessfully decoded TBs and refrain from transmitting HARQ ACKs for successfully decoded TBs (so that UE 115-a-1 is not overwhelmed with HARQ ACKs from the UEs in the groupcast).
base station 105-a may define (e.g., configure or reserve) PUCCH resources for HARQ feedback that are time division multiplexed (TDM'ed).
The paragraphs discloses a UE receiving a PUCCH resources in a first option for NACK only reporting for transport blocks, in which is shown to refrain from transmitting HARQ ACKs for successfully decoded TBs
Fig 9 para 0201 of Hosseini discloses resources determining overlap between PUCCH and PUSCH resource pools within a time domain.
In para 0136, 0157, In a first solution, the UE 115 may determine whether the downlink HARQ feedback and the sidelink HARQ feedback are scheduled in temporally-distinct control channel resources. If so, the UE 115 may transmit both types of HARQ feedback in the respective non-overlapping control channel resources. If not, the UE 115 may drop of type of HARQ feedback and transmit the other in the corresponding control channel resources. In a second solution, a single set of control channel resources may be reserved for HARQ feedback. The UE 115 may determine the priority of each type of HARQ feedback and transmit the HARQ feedback with the higher priority in the set of control channel resources.
Paragraph 0151 If the resource pools overlap in the time domain, UE 115-a-a may transmit either the Uu HARQ feedback or the sidelink HARQ feedback during the respective resource pool and refrain from transmitting the other type of HARQ feedback.
The paragraph of Hossieni shows condition of pools of resources such as PUSCH and PUCCH being overlapped and non-overlapped in the time domain when here is an overlap the UE transmits either the Uu HARQ feedback or the sidelink HARQ feedback during the respective resource pool and there is no overlap the the UE may drop of type of HARQ feedback.
Examiner does not explain how the amendments render Applicant's arguments moot, particularly when the rejection continues to rely on Hosseini for the same limitation. Examiner has never addressed the argument that teachings of Hosseini as a whole contradicts the claimed limitations –
The examiner’s position the applicant arguments were directed to the cited prior art prior to the amendment. The office action in response to the applicant’s remarks cited new prior art which made the applicant’s argument moot in view of the newly rejected claims.
Applicant has consistently argued throughout prosecution that Hosseini teaches away from the claimed limitations. Despite these repeated arguments, Examiner has not substantively addressed Applicant's position.
The examiner position is the prior art only have to anticipate the claim limitations.
The prior art does not have to teach or solve the same problem as the applicant claims
In particular, Examiner has not explained how the cited disclosure of Hosseini reconciles with the portions of Hosseini (as shown at least in the response filed on 08/04/2025) that discourage the claimed limitation. Instead, Examiner has either reiterated the rejection or stated that Applicant's arguments are “moot" without explaining why the arguments are inapplicable.
The examiner’s position the applicant arguments were directed to the cited prior art prior to the amendment. The office action in response to the applicant’s remarks cited new prior art which made the applicant’s argument moot in view of the newly rejected claims.
Moreover, when the teachings of Hosseini are considered as a whole, the reference discourages a person of ordinary skill in the art from adopting or modifying the teachings of Hosseini in the manner proposed by the rejection. At least for the above reason, the rejection under 35 U.S.C. § 103 based on Hosseini in view of Yang should be withdrawn.
The examiner respectfully disagrees the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. Please review MPEP 2144 (I.).
In Hosseini, when the pools overlap, the UE drops one HARQ feedback type and sends the other. Hosseini does not disclose that the HARQ feedback is multiplexed with TB or CSI and transmitted on PUSH. That is, Hosseini does not disclose or teach the claimed limitation "on a condition that the PUCCH radio resource pool and the PUSCH radio resource pool are overlapping in time domain, transmitting, in the PUSCH radio resource pool, the ACK multiplexed with at least one of: the TB or the CSI report".
The examiner respectfully disagrees the applicant’s claim is rejected by Hosseini in view of Yang. In analogous art Yang discloses the HARQ feedback is multiplexed with TB or CSI and transmitted on PUSH.
Accordingly, Yang is not concerned with the same problem addressed by Hosseini, and a person of ordinary skill in the art would have had no reason to apply Yang's UCI multiplexing technique to Hosseini's Uu and sidelink feedback pool collision technique.
The examiner respectfully disagrees as stated the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. Please review MPEP 2144 (I.). As stated in the office action state Yang paragraph 0028 the reason to combine is because this provides a need for mobile broadband communication enhanced over conventional radio access technology (RAT). In addition, massive machine type communications (MTC) capable of providing a variety of services anywhere and anytime by connecting multiple devices and objects is another important issue to be considered for next generation communications.
Office Action does not explain why a person of ordinary skill in the art would replace Hosseini's selection/dropping framework with Yang's UCI multiplexing/piggyback framework. Notwithstanding the above, Hosseini and Yang both individually and in combination, fail to disclose or teach the conditional limitations as claimed in Claim 1
For the foregoing reasons, Applicant submits that none of the cited references of record, alone or in combination, teach, suggest, or disclose the limitations required by claims 1 and 13. Thus, Applicant requests withdrawal of the rejections of claims 1 and 13 and all claims dependent thereon.
The examiner respectfully disagrees the 103 rejection clearly states the reason to combine because the combination provides a need for mobile broadband communication enhanced over conventional radio access technology (RAT). In addition, massive machine type communications (MTC) capable of providing a variety of services anywhere and anytime by connecting multiple devices and objects is another important issue to be considered for next generation communications
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 JASON A HARLEY whose telephone number is (571)270-5435. The examiner can normally be reached 7:30-300 6:30-8:30.
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/JASON A HARLEY/Examiner, Art Unit 2468
/MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
Prosecution Insights