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 .
Response to Arguments
Applicant’s arguments filed on 06/11/2026 have been fully considered. Applicant’s
arguments and examiner’s response are provided below.
Rejections under 35 U.S.C. 103:
Applicant argues: Chen does not teach using the “type of frequency multiplexing scheme”, but instead teaches using “an adaptive subframe configuration”. Chen does not discuss what part of the “adaptive subframe configuration” is used to determine the TBS scaling parameter.
Examiner’s response: The rejection relies on the combined teachings of Yuan and Chen. Yuan expressly teaches receiving an indication of the type of FDM scheme, and Chen expressly teaches that an adaptive subframe configuration includes an FDM configuration and further teaches determining the TBS scaling parameter based on the adaptive subframe configuration. Thus, it would have been obvious to use the FDM scheme indicated by Yuan as the corresponding FDM configuration within Chen’s disclosed TBS determination procedure. Moreover, because Chen expressly identifies an FDM configuration as one of the available adaptive subframe configurations, selecting the applicable FDM indicated By Yuan for use within Chen’s disclosed TBS determination represents the predictable use of one known configuration among the disclosed alternatives.
Applicant argues: Chen merely applies a scaling factor to a computed TBS and therefore does not disclose applying a TBS determination based on a type of FDM, and that the present claims require different TBS determination rules depending on the multiplexing scheme.
Examiner’s response: Under the broadest reasonable interpretation, “applying the TBS determination” reasonably encompasses the overall determination framework, including determining and applying a TBS scaling factor as disclosed by Chen. Nothing in claim 1 requires that the TBS determination be limited only to an initial computation or excludes subsequent scaling performed as part of the disclosed TBS determination technique. As stated above, the rejection does not rely on Chen alone to teach receiving the indicated type of FDM scheme. Rather, Yuan teaches receiving an indication of the applicable FDM scheme, while Chen teaches a TBS determination technique that utilizes an adaptive subframe configuration that includes an FDM configuration. Thus, it would have been obvious to apply Yuan’s indicated FDM scheme as the corresponding FDM configuration within Chen’s disclosed TBS determination technique in order to provide a more efficient TBS determination based on resource availability. Further, Chen teaches that the adaptive subframe configuration includes an FDM configuration and that the TBS is determined based on the adaptive subframe configuration. Accordingly, Chen teaches a TBS determination procedure that accounts for an adaptive subframe configuration including an FDM configuration.
Applicant argues: Chen does not disclose different TBS determination rules involving using different physical resource clock (PRB) sets depending on the scheme.
Examiner’s response: Claim 1 merely requires applying the TBS determination based on the indicated type of FDM scheme and does not require different PRB sets for each multiplexing scheme.
Applicant argues: Yuan and Chen operate at different conceptual levels and neither references links multiplexing scheme signaling to the internal logic used to determine TBS. The patent office effectively reconstructs Applicant’s invention by combining unrelated teachings. This is impermissible hindsight.
Examiner’s response: In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
A proper obviousness analysis does not require the references to address the identical problem or operate at the same conceptual level. Rather, Yuan is relied upon for teaching receipt of an indication of an applicable FDM scheme, and Chen is relied upon for teachings a TBS determination technique that utilizes an adaptive subframe configuration including an FDM configuration. The references are relied upon for their respective teachings, and their combination merely applies Yuan’s indicated FDM scheme within Chen’s known TBS determination framework. Therefore, the rejection is based on the combined teachings of the references and not impermissible hindsight.
Applicant argues: If the Patent Office intended to use inherency, Applicant respectfully disagrees this is appropriate.
Examiner’s response: The rejection does not rely on inherency. Rather, the rejection relies on the express teachings of Yuan and Chen as explained above.
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 (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 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.
Claims 1-4, 18-20, 23-24, 32-34 and 36 are rejected under 35 U.S.C. 103 as being
unpatentable over YUAN et al. (US 20220345245 A1) in view of Chen et al. (US 20170111160
A1).
Regarding claim 1,
YUAN discloses “A method performed by a wireless device, the method comprising:
receiving an indication of a type of frequency multiplexing scheme for Physical Data
Shared Channel, PDSCH, reception from a network” (See ¶ [0005] a method comprises
receiving, at a terminal device and from a network device coupled with a plurality of TRPs,
control information associated with a transmission of data from the network device to the
terminal device. ¶ [0006] the control information indicating the repetition scheme. ¶ [0055]
These repetition schemes are illustratively shown in FIGS. 3A-3E. ¶ [0057] Two frequency
division multiplexing (FDM) schemes 320 and 330 are illustrated in FIGS. 3B and 3C, which may also be termed as a first FDM (FDM1) scheme and a second FDM (FDM2) scheme,
respectively). Note: The terminal receives an indication of a type of frequency multiplexing
(FDM) scheme associated with downlink data (PDSCH).
YUAN does not explicitly disclose applying TBS determination based on the indicated type of
frequency multiplexing scheme.
However, Chen discloses “determining Transport Block Size, TBS, and applying the TBS
determination based on the indicated type of frequency multiplexing scheme” (See ¶
[0073] An efficient design for transport block size (TBS) determination. ¶ [0098]
the adaptive subframe configuration may include an FDM configuration, a TDM
configuration, or a combination thereof. ¶ [0100] the adaptive subframe configuration is
associated with a TBS scaling parameter for at least one of a downlink operation or an uplink
operation, where the TBS scaling parameter is determined based on the adaptive subframe
configuration).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have applied Yuan’s indicated FDM scheme as the corresponding FDM configuration within Chen’s disclosed TBS determination technique in order to provide a more efficient TBS determination based on resource availability (Chen [0073]).
Regarding claim 2,
YUAN in view of Chen discloses “The method of claim 1 further comprising receiving the
indication of the type of frequency multiplexing scheme to be used via a higher layer
configuration” (See YUAN [0065] The network device indicates the repetition scheme in the
control information, the control information may be a RRC message or a MAC CE message).
Regarding claim 3,
YUAN in view of Chen discloses “The method of claim 1 wherein, the indicated type of
frequency multiplexing scheme comprises one among a plurality of Frequency Domain
Multiplexing, FDM, schemes” (See YUAN ¶ [0057] Two frequency division multiplexing
(FDM) schemes 320 and 330 are illustrated in FIGS. 3B and 3C, which may also be termed as
a first FDM (FDM1) scheme and a second FDM (FDM2) scheme, respectively).
Regarding claim 4,
YUAN in view of Chen discloses “The method of claim 3 wherein receiving an indication of a
type of FDM scheme comprises receiving an indication via one or more Downlink Control
Information, DCI, fields of which FDM scheme of the plurality of FDM schemes is being
used” (See YUAN, ¶ [0065] The network device indicates the repetition scheme in the
control information, the control information may be downlink control information (DCI) as
defined in the 3GPP specifications).
Regarding claim 18,
YUAN in view of Chen discloses “The method of claim 1 wherein the wireless device
operates in a New Radio, NR, communications network” (See YUAN ¶ [0002] The 5G NR is
part of a continuous mobile broadband evolution promulgated by the Third Generation
Partnership Project (3GPP) to meet new requirements associated with latency, reliability,
security, scalability. Note: The communication system disclosed operates in NR).
Regarding claim 19,
YUAN in view of Chen discloses “The method of claim 1 wherein the network is a gNB” (See
YUAN, ¶ [0048] Examples of a network device include, but not limited to, a Node B
(NodeB or NB), an Evolved NodeB (eNodeB or eNB), a next generation NodeB (gNB)).
Regarding claim 20,
YUAN discloses “A method performed by a base station, the method comprising:
transmitting the indication of the type of FDM scheme to a wireless device” (See ¶ [0005] a
method comprises receiving, at a terminal device and from a network device coupled with a
plurality of TRPs, control information associated with a transmission of data from the
network device to the terminal device. ¶ [0006] the control information indicating
the repetition scheme. ¶ [0055] These repetition schemes are illustratively shown in FIGS.
3A-3E. ¶ [0057] Two frequency division multiplexing (FDM) schemes 320 and 330 are
illustrated in FIGS. 3B and 3C, which may also be termed as a first FDM (FDM1) scheme and
a second FDM (FDM2) scheme, respectively).
YUAN does not explicitly disclose different rules to determine TBS based on an indicated
type of frequency multiplexing scheme.
However, Chen discloses “determining Transport Block Size, TBS, applying different rules to
determine the TBS depending on an indicated type of Frequency Domain Multiplexing,
FDM, scheme” (See ¶ [0073] An efficient design for transport block size (TBS)
determination. ¶ [0098] the adaptive subframe configuration may include an FDM
configuration, a TDM configuration, or a combination thereof. ¶ [0100] the adaptive
subframe configuration is associated with a TBS scaling parameter for at least one of a
downlink operation or an uplink operation, where the TBS scaling parameter is determined
based on the adaptive subframe configuration).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have applied Yuan’s indicated FDM scheme as the corresponding FDM configuration within Chen’s disclosed TBS determination technique in order to provide a more efficient TBS determination based on resource availability (Chen [0073]).
Regarding claim 23,
YUAN in view of Chen discloses “The method of claim 20 wherein transmitting the
indication of the type of FDM scheme comprises transmitting a higher layer configuration
of the FDM scheme being used” (See YUAN, ¶ [0065] The network device indicates the
repetition scheme in the control information, the control information may be a RRC
message or a MAC CE message).
Regarding claim 24,
YUAN in view of Chen discloses “The method of claim 20 wherein transmitting the
indication of the type of FDM scheme comprises transmitting an indication via one or
more Downlink Control Information, DCI, fields of the FDM scheme being used” (See YUAN
¶ [0065] The network device indicates the repetition scheme in the control information, the
control information may be downlink control information (DCI) as defined in the 3GPP
specifications).
Regarding claim 32,
YUAN in view of Chen discloses “The method of claim 20 wherein the wireless device
operates in a New Radio, NR, communications network” (See YUAN ¶ [0002] The 5G NR is
part of a continuous mobile broadband evolution promulgated by the Third Generation
Partnership Project (3GPP) to meet new requirements associated with latency, reliability,
security, scalability. Note: The communication system disclosed operates in NR).
Regarding claim 33,
YUAN in view of Chen discloses “The method of claim 20 wherein the base station is a gNB” (See YUAN, ¶ [0048] Examples of a network device include, but not limited to, a Node B
(NodeB or NB), an Evolved NodeB (eNodeB or eNB), a next generation NodeB (gNB)).
Regarding claim 34,
YUAN discloses “A wireless device comprising: one or more processors; and memory
storing instructions executable by the one or more processors, whereby the wireless device
is operable to” (See Fig. 15, ¶ [0207] The device 1500 can be considered as a further
example embodiment of the network device 110 and the terminal device 120 as shown
in FIG. 1): “receive an indication of a type of Frequency Domain Multiplexing, FDM, scheme
from a base station” (See ¶ [0005] a method comprises receiving, at a terminal device and
from a network device coupled with a plurality of TRPs, control information associated with
a transmission of data from the network device to the terminal device. ¶ [0006]
the control information indicating the repetition scheme. ¶ [0055] These repetition schemes
are illustratively shown in FIGS. 3A-3E. ¶ [0057] Two frequency division multiplexing (FDM)
schemes 320 and 330 are illustrated in FIGS. 3B and 3C, which may also be termed as a
first FDM (FDM1) scheme and a second FDM (FDM2) scheme, respectively).
YUAN does not explicitly disclose applying different rules to determine TBS based on the
indicated FDM scheme.
However, Chen discloses “and applying different rules to determine Transport Block Size,
TBS, depending on the indicated type of FDM scheme” (See ¶ [0073] An efficient design for
transport block size (TBS) determination. ¶ [0098] the adaptive subframe configuration may
include an FDM configuration, a TDM configuration, or a combination thereof. ¶ [0100] the adaptive subframe configuration is associated with a TBS scaling parameter for at least one
of a downlink operation or an uplink operation, where the TBS scaling parameter is
determined based on the adaptive subframe configuration).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have applied Yuan’s indicated FDM scheme as the corresponding FDM configuration within Chen’s disclosed TBS determination technique in order to provide a more efficient TBS determination based on resource availability (Chen [0073]).
Regarding claim 36,
YUAN discloses “A base station comprising: one or more processors; and memory storing
instructions executable by the one or more processors, whereby the base station is
operable to” (See Fig. 15, ¶ [0207] The device 1500 can be considered as a further example
embodiment of the network device 110 and the terminal device 120 as shown in FIG. 1):
“transmit an indication of the type of frequency multiplexing scheme to a wireless device”
(See ¶ [0005] a method comprises receiving, at a terminal device and from a network device
coupled with a plurality of TRPs, control information associated with a transmission of data from the network device to the terminal device. ¶ [0006] the control information indicating
the repetition scheme. ¶ [0055] These repetition schemes are illustratively shown in FIGS.
3A-3E. ¶ [0057] Two frequency division multiplexing (FDM) schemes 320 and 330 are
illustrated in FIGS. 3B and 3C, which may also be termed as a first FDM (FDM1) scheme and
a second FDM (FDM2) scheme, respectively).
YUAN does not explicitly disclose applying different rules to determine TBS based on the
indicated FDM scheme.
However, Chen discloses “apply different rules to determine Transport Block Size, TBS,
depending on an indicated type of frequency multiplexing scheme” (See ¶ [0073] An
efficient design for transport block size (TBS) determination. ¶ [0098] the adaptive subframe
configuration may include an FDM configuration, a TDM configuration, or a combination
thereof. ¶ [0100] the adaptive subframe configuration is associated with a TBS scaling
parameter for at least one of a downlink operation or an uplink operation, where the TBS
scaling parameter is determined based on the adaptive subframe configuration).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have applied Yuan’s indicated FDM scheme as the corresponding FDM configuration within Chen’s disclosed TBS determination technique in order to provide a more efficient TBS determination based on resource availability (Chen [0073]).
Claims 5-6, 15-16 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over
YUAN et al. (US 20220345245 A1) in view of Chen et al. (US 20170111160 A1) and further in
view of Khoshnevisan et al. (US 2020/0367208 A1).
Regarding claims 5 and 25,
YUAN in view of Chen discloses claim 5 of “The method of claim 3” and claim 25 of “The
method of claim 20”, “wherein a Transmission Configuration Indicator, TCI, field and a
Redundancy Version, RV, field are used to indicate which FDM scheme of the plurality of
FDM schemes is being used” (See YUAN ¶ [0078] the RV field in the control information
may need to indicate one RV for the first FDM scheme and may instead need to indicate two
RVs for the second FDM scheme. ¶ [0057] In some embodiments, in the first FDM scheme
320 and the second FDM scheme 330, TCI states are within a single slot, with non-
overlapped frequency resource allocation).
YUAN in view of Chen discloses using the RV field to indicate the FDM scheme but does not
explicitly disclose the use of TCI field to indicate TCI states for FDM scheme.
However, Khoshnevisan explicitly discloses that the TCI states are indicated in the TCI field
(See ¶ [0065] In other examples of multi-TRP schemes, TRPs 305 may communicate with UE
115-a by utilizing FDM and/or TDM communication schemes. ¶ [0072] the UE 115-a may identify a value for the TCI field in the DCI message and may determine whether the
communication scheme includes multiple TCI states based on the TCI field value).
It would have been obvious to a person of ordinary skill in the art before the effective filing
date of the claimed invention to have modified the teachings of YUAN and Chen with the
teachings of Khoshnevisan, and the motivation to do so would have been to help manage
resources effectively within the existing DCI framework.
Regarding claims 6 and 26,
YUAN in view of Chen discloses claim 6 of “The method of claim 5” and claim 26 of “The
method of claim 20”, but does not explicitly disclose using a TCI field and antenna ports field
to indicate FDM scheme.
However, Khoshnevisan discloses “wherein the TCI field and an antenna ports field are
used to indicate which FDM scheme of the plurality of FDM schemes is being used” (See ¶
[0065] In other examples of multi-TRP schemes, TRPs 305 may communicate with UE 115-
a by utilizing FDM and/or TDM communication schemes. ¶ [0069] UE may detect the
communication scheme based on the antenna port(s) field and the TCI field of the received
DCI message. Note: In a similar manner, these fields can be used to indicate the type of FDM
scheme).
It would have been obvious to a person of ordinary skill in the art before the effective filing
date of the claimed invention to have modified the teachings of YUAN and Chen with the
teachings of Khoshnevisan, and the motivation to do so would have been to help manage resources effectively within the existing DCI framework.
Regarding claim 15,
YUAN in view of Chen discloses “The method of claim 1 wherein, the frequency
multiplexing scheme for PDSCH reception constitutes: a first codeword corresponding to a
first Transmission Configuration Indication, TCI, state among two TCI states indicated in a
TCI field in Downlink Control Information, DCI, and a first Redundancy Version, RV,
indicated in an RV field in the DCI, a second codeword corresponding to a second TCI state
among two TCI states indicated in the TCI field in the DCI and a second RV indicated in the
RV field in the DCI, and the first codeword and a second codeword correspond to a same
transport block, TB” (See YUAN ¶ [0059] in the first FDM scheme 320, a
single codeword with one RV is used across the full resource allocation. ¶ [0061] with the
second FDM scheme 330, two different codewords of the data 140 are transmitted by the
network device 110 via the first TRP 131 and the second TRP 132, respectively. For example,
in the second FDM scheme 330, a single codeword with one RV is used for each non-
overlapped frequency resource allocation. ¶ [0057] In some embodiments, in the first FDM
scheme 320 and the second FDM scheme 330, TCI states are within a single slot, with non-
overlapped frequency resource allocation).
YUAN in view of Chen does not explicitly disclose the use of TCI field to indicate TCI states,
However, Khoshnevisan explicitly discloses that the TCI states are indicated in the TCI field
(See ¶ [0065] In other examples of multi-TRP schemes, TRPs 305 may communicate with UE
115-a by utilizing FDM and/or TDM communication schemes. ¶ [0072] the UE 115-a may
identify a value for the TCI field in the DCI message and may determine whether the communication scheme includes multiple TCI states based on the TCI field value).
It would have been obvious to a person of ordinary skill in the art before the effective filing
date of the claimed invention to have modified the teachings of YUAN and Chen with the
teachings of Khoshnevisan, and the motivation to do so would have been to help manage
resources effectively within the existing DCI framework.
Regarding claim 16,
YUAN in view of Chen and Khoshnevisan discloses “The method of claim 15 wherein, the
DCI indicates: a first resource allocation corresponding to the first codeword constitutes a
first starting allocation index and a first allocation length, and a second resource
allocation corresponding to the second codeword constitutes a second starting allocation
index and a second allocation length” (See YUAN ¶ [0059] in the first FDM scheme 320, a
single codeword with one RV is used across the full resource allocation. From a perspective
of the terminal device 120, a common Resource Block (RB) mapping (a mapping from a
codeword to a layer as in Rel-15) is applied across the full resource allocation. ¶ [0061] in
the second FDM scheme 330, a single codeword with one RV is used for each non-
overlapped frequency resource allocation. The RVs corresponding to each non-overlapped
frequency resource allocation can be the same or different. Note: Each resource allocation
would typically involve specifying a starting index and length).
Allowable Subject Matter
Claims 7-14, 17, 21-22 and 27-31 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
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.
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/SALMA AYAD/Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462
Prosecution Insights