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.
This action is responsive to the Remark filed on 5/6/26.
Claim(s) 7, 9-11 is/are presented for examination.
Claim Rejections - 35 USC § 103
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.
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(s) 7, 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, U.S. Patent/Pub. No. 2013/0188653 A1 in view of Liang, U.S. Patent/Pub. No. 2022/0256600 A1, and Li, US 2020/0100284 A1, and further in view of Gou, US 2020/0366420 A1.
As to claim 7, Kim teaches a base station comprising:
a transmitter configured to repeat a process of decreasing a randomly determined counter value within a contention window size for channel sensing and to transmit a signal after the counter value becomes 0 (Kim, figure 5; page 5, paragraph 57; i.e., [0057] If the back-off counter value becomes O by repeating the abovementioned process, the target node transmits data. determines whether the back-off counter value is equal to 0. If the back-off counter value is equal to 0, in operation 415, the object network transmits the data related to the neighboring networks. If the back-off counter value is not equal to 0);
But Kim failed to teach the claim limitation wherein a receiver configured to receive Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) feedbacks for a Code Block Group (CBG), from a terminal that has received the signal; a processor configured to set the contention window size to a predetermined minimum value when a ratio of a number of ACKs to a number of the HARQ-ACK feedbacks for a Code Block Group (CBG) is equal to or greater than a threshold, and extend or maintain the contention window size in other cases; wherein the threshold is determined in accordance with a priority access class of the channel.
However, Liang teaches the limitation wherein a processor configured to set the contention window size to a predetermined minimum value when a ratio of a number of ACKs to a number of the HARQ-ACK feedbacks for a Code Block Group (CBG) is equal to or greater than a threshold, and extend or maintain the contention window size in other cases (Liang, page 6, paragraph 62; page 6, paragraph 63; i.e., [0062] If the feedback ratio exceeds a threshold feedback ratio, the network device 110 may determine the reception states of the first number of reference transmissions based on the first number of feedbacks which have been received; [0063] At a certain time, the network device 110 may have received Nl HARQ-ACK feedbacks for Nl reference PDSCH transmissions. Then the feedback ratio may be determined as Nl/NO. If the feedback ratio Nl/NO exceeds the threshold feedback ratio, the network device 110 may adjust the size of the contention window for the burst 605 based on the Nl HARQ-ACK feedbacks which have been received by the network device 110).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim to substitute transmission information from Liang for transmission state from Kim to better coexistence of transmitting points on unlicensed band (Sun, page 1, paragraph 3).
However, Li teaches the limitation wherein the threshold is determined in accordance with a priority access class of the channel (Li, page 20, paragraph 289; page 21, paragraph 302; i.e., [0289] In one instance, the CW size is incremented to the next available value of the corresponding channel access priority class if the fraction of NACK' ed received TBs exceeds a certain threshold ri (0<=ri<l), otherwise the CW size is set to the minimum CW size of the corresponding channel access priority class; wherein when a TB is grouped into multiple CBGs).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim-Liang to substitute session management from Li to provide massive machine type communication (mMTC), each corresponding to a different coverage requirement and frequency bands with different propagation losses is desirable (Li, page 1, paragraph 11).
However, Gou teaches the limitation wherein a receiver configured to receive Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) feedbacks for a Code Block Group (CBG), from a terminal that has received the signal (Gou, page 13, paragraph 290; i.e., [0290] Step S14, the UE receives a CBG retransmitted by the base station ( or the UE receives a TB retransmitted by the base station), if the UE determines that the CBG indication in the DCI is inconsistent with the CBG level HARQACK fed back by the UE to the base station).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim-Liang to substitute CBG level from Gou to save the energy consumption and the coverage is improved (Gou, page 1, paragraph 6).
As to claim 9, Kim teaches a terminal comprising:
a receiver configured to receive a signal, wherein repeats a process of decreasing a randomly determined counter value within a contention window size for channel sensing and transmits the signal after the counter value becomes 0 (Kim, figure 5; page 5, paragraph 57; i.e., [0057] If the back-off counter value becomes O by repeating the abovementioned process, the target node transmits data. In more detail, in operation 413, the target node determines whether the back-off counter value is equal to 0. If the back-off counter value is equal to 0, in operation 415, the object network transmits the data related to the neighboring networks. If the back-off counter value is not equal to 0);
But Kim failed to teach the claim limitation wherein a transmitter configured to transmit Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) feedbacks for a Code Block Group (CBG), for a signal received from a base station; the base station sets the contention window size to a predetermined minimum value when a ratio of a number of ACKs to a number of the HARQ-ACK feedbacks for a Code Block Group (CBG) is equal to or greater than a threshold, and extends or maintains the contention window size in other cases; wherein the threshold is determined in accordance with a priority access class of the channel.
However, Liang teaches the limitation wherein the base station sets the contention window size to a predetermined minimum value when a ratio of a number of ACKs to a number of the HARQ-ACK feedbacks for a Code Block Group (CBG) is equal to or greater than a threshold, and extends or maintains the contention window size in other cases (Liang, page 6, paragraph 62; page 6, paragraph 63; i.e., [0062] the size of the contention window may be adjusted until a threshold ratio of HARQ-ACK feedbacks corresponding to the reference transmissions in the set of reference transmissions have been received. a first number of feedbacks for the first number of reference transmissions and determine a feedback ratio of the first number to a total number of reference transmissions in the set of reference transmissions. If the feedback ratio exceeds a threshold feedback ratio, the network device 110 may determine the reception states of the first number of reference transmissions based on the first number of feedbacks which have been received).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim to substitute transmission information from Liang for transmission state from Kim to better coexistence of transmitting points on unlicensed band (Sun, page 1, paragraph 3).
However, Li teaches the limitation wherein the threshold is determined in accordance with a priority access class of the channel (Li, page 20, paragraph 289; page 21, paragraph 302; i.e., [0289] In one instance, the CW size is incremented to the next available value of the corresponding channel access priority class if the fraction of NACK' ed received TBs exceeds a certain threshold ri (0<=ri<l), otherwise the CW size is set to the minimum CW size of the corresponding channel access priority class; wherein when a TB is grouped into multiple CBGs).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim-Liang to substitute session management from Li to provide massive machine type communication (mMTC), each corresponding to a different coverage requirement and frequency bands with different propagation losses is desirable (Li, page 1, paragraph 11).
However, Gou teaches the limitation wherein a transmitter configured to transmit Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) feedbacks for a Code Block Group (CBG), for a signal received from a base station (Gou, page 5, paragraph 104; page 13, paragraph 290; i.e., [0104] receives the CBG level HARQ-ACK fed back by the UE, after that, the base station determines a CBG to be retransmitted according to the received CBG level HARQ-ACK and performs retransmission; [0290] Step S14, the UE receives a CBG retransmitted by the base station ( or the UE receives a TB retransmitted by the base station), if the UE determines that the CBG indication in the DCI is inconsistent with the CBG level HARQACK fed back by the UE to the base station).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim-Liang to substitute CBG level from Gou to save the energy consumption and the coverage is improved (Gou, page 1, paragraph 6).
Claim(s) 10 is/are directed to a system claim and they do not teach or further define over the limitations recited in claim(s) 7. Therefore, claim(s) 10 is/are also rejected for similar reasons set forth in claim(s) 7.
Claim(s) 11 is/are directed to a system claim and they do not teach or further define over the limitations recited in claim(s) 9. Therefore, claim(s) 11 is/are also rejected for similar reasons set forth in claim(s) 9.
Response to Arguments
Applicant’s argument(s) filed 5/6/26 have been fully considered but they are not persuasive. Applicant argues in substance that: A) with respect to claims 7, 9-11; Liang fails to teach that a ratio of the number of ACKs (which is a fraction of N1) to the number of HARQ-ACK feedbacks (N1) exceeds a threshold. In fact, Liang is silent with respect to ratio of the number of ACKs to the number of HARQ-ACK feedbacks. Liang discusses a ratio of the number of NACKs to the number HARQ-ACK feedbacks but fails to teach a ratio of the number of ACKs to the number of HARQ-ACK feedbacks. Gou, fails to remedy the deficiencies of Liang with respect to the above- referenced limitation. Specifically, cited paragraph [0290] of Gou discusses consistency of a CBG indicated in a DCI with a CBG level of HARQ-ACK feedback. However, Gou is silent with respect to a base station setting a contention window size in response to a ratio of a number of ACKs to a number of HARQ-ACK feedbacks being equal to or greater than a threshold. Further, even assuming, arguendo, a skilled person in the art were to combine Kim, Liang, Li, and Gou in the manner suggested by the Examiner, the references would still fail to render independent claims 7 and 9-11 obvious because a person of ordinary skill in the art would have had no motivation to supply the missing elements without the benefit of Applicant's own disclosure as a guide (page 5-8).
In response to A); Liang does teach the claimed limitation of “set the contention window size to a predetermined minimum value when a ratio of a number of ACKs to a number of the HARQ-ACK feedbacks for a Code Block Group (CBG) is equal to or greater than a threshold, and extend or maintain the contention window size in other cases” (Liang, page 6, paragraph 62; page 6, paragraph 63; i.e., [0062] If the feedback ratio exceeds a threshold feedback ratio, the network device 110 may determine the reception states of the first number of reference transmissions based on the first number of feedbacks which have been received; [0063] At a certain time, the network device 110 may have received Nl HARQ-ACK feedbacks for Nl reference PDSCH transmissions. Then the feedback ratio may be determined as Nl/NO. If the feedback ratio Nl/NO exceeds the threshold feedback ratio, the network device 110 may adjust the size of the contention window for the burst 605 based on the Nl HARQ-ACK feedbacks which have been received by the network device 110). Clearly, the feedback ratio of the HARQ ACK feedback and the feedback is equating to the ratio of a number of ACKs.
Furthermore, Gou teaches the limitation wherein a receiver configured to receive Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) feedbacks for a Code Block Group (CBG), from a terminal that has received the signal (Gou, page 13, paragraph 290; i.e., [0290] Step S14, the UE receives a CBG retransmitted by the base station ( or the UE receives a TB retransmitted by the base station), if the UE determines that the CBG indication in the DCI is inconsistent with the CBG level HARQ-ACK fed back by the UE to the base station). Clearly, the HARQ-ACK feedback is equating to “HARQ-ACK” feedback of the CBG.
In response to applicant's argument that there is no suggestion to combine the references, the examiner recognizes that obviousness can only be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim to substitute transmission information from Liang for transmission state from Kim to better coexistence of transmitting points on unlicensed band (Sun, page 1, paragraph 3); and it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Kim-Liang to substitute CBG level from Gou to save the energy consumption and the coverage is improved (Gou, page 1, paragraph 6).
Therefore, Kim-Liang-Li-Gou meets the claim limitation.
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 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 mailing date of this final action.
Listing of Relevant Arts
Lei, U.S. Patent/Pub. No. US 20230026357 A1 discloses UE or BS may receive the HARQ-ACK.
Gao, U.S. Patent/Pub. No. US 20200404666 A1 discloses HARQ-ACK feedback on CBG.
Contact Information
The present application is being examined under the pre-AIA first to invent provisions.
THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THUONG NGUYEN/Primary Examiner, Art Unit 2416
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