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 .
Response to Arguments
Applicant's arguments filed 2/26/2025 have been fully considered but they are not persuasive.
Regarding claims 1 and 31, Applicant Argues that Nami only discloses a two stage control channel and not a two stage UCI (Applicant’s Arguments and Remarks, pages 12-15). The Examiner disagrees. Nammi discloses the UCI is sent in multiple stages (paragraph 0024 – “ In an embodiment, the UCI 108 and DCI 110 can be sent in one or more stages…). Therefore, Applicant’s Arguments have been considered and are not persuasive.
Regarding the remaining dependent claims, Applicant Argues the claims are allowable for at least the same reasons as those set forth with respect to claim 1 (Id at 14). Therefore, Examiner disagrees for the same reasons as stated with respect to claim 1.
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.
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.
Claim(s) 1, 7, 10, 21, 22, 23, 29, 30 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) in view of Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1).
Regarding claims 1 and 31, Wang discloses a user equipment (UE) for wireless communication, comprising: a memory; and one or more processors, coupled to the memory, (paragraph 0009) configured to and a method of wireless communication performed by user equipment comprising:
Receive/receiving an uplink grant that schedules a communication in a scheduled resource and that includes first transmission parameters associated with the scheduled resource (Wang discloses that a UE receives a RRC signaling configuring one or more configured grant(s) form the base station/gNB [paragraphs 0081, 0083] that include initial transmission parameters [i.e. first transmission parameters] for use in uplink transmission, such as MCS/TBS, etc. [paragraphs 0083-0084 – “In a NR network, for a Type 1 CG, a UE can apply the MCS/TBS configured by a gNB via RRC signaling for a CG based transmission….there may be two options for update of transmission parameters for a CG, i.e., a gNB based option and a UE based option….In the UE based option, a UE can indicate some transmission parameters (e.g., MCS, PMI, RI, SRI, etc.) in the configured grant-uplink control information (CG-UCI) to improve transmission efficiency.”]
Select/selecting, in response to the uplink grant being a soft uplink grant, second transmission parameters that include new transmission parameters not included in the first transmission parameters or include modified first transmission parameters; and (The base station may indicate that the original CG is a “soft” uplink grant by indicating to the UE that one or more of the first uplink transmission parameters may be modified through transmission adaptation [paragraph 0086]. If the first transmission parameters/CG is a soft uplink grant, the UE may modify/update/adjust one or more of the first transmission parameters into second transmission parameters [paragraph 0087 – “For the UE based transmission adaptation, a transmission parameter adjustment such as MCS adjustment for a UE may be signaled via one or more bits in the UCI/MAC CE/RRC signaling by the UE; see also paragraphs 0083-0084 – “In a NR network, for a Type 1 CG, a UE can apply the MCS/TBS configured by a gNB via RRC signaling for a CG based transmission….there may be two options for update of transmission parameters for a CG, i.e., a gNB based option and a UE based option….In the UE based option, a UE can indicate some transmission parameters (e.g., MCS, PMI, RI, SRI, etc.) in the configured grant-uplink control information (CG-UCI) to improve transmission efficiency.”; note also 0095, 0100 – adjustment can also be mode to MCS, RI, PMI, SRI, etc. to form second parameters);
Transmit/transmitting a message that indicates one or more of the second transmission parameters or the subset of the scheduled resource. (Wang discloses that the adjustments to the MCS, RI, PMI, SRI, etc that make up the second set of parameters are singled to the base station/gNB using UCI [paragraphs 0084-0085 - In the UE based option, a UE can indicate some transmission parameters (e.g., MCS, PMI, RI, SRI, etc.) in the configured grant-uplink control information (CG-UCI) to improve transmission efficiency…. The proposed solution can enable an update of transmission parameters to be indicated by a signaling message such as DFI/DCI/UCI in an efficient fashion”)
Transmit/transmitting the communication in the scheduled resource or a subset of the scheduled resource using at least the second transmission parameters. (paragraphs 0007, 0125).
Wang fails to disclose wherein the message is transmitted in a two-stage uplink control information (UCI), and wherein a first stage of the UCI includes a first set of the second transmission parameters or an indication for a second set of the second transmission parameters in a second stage of the UCI. In the same field of endeavor, Nammi discloses wherein the message is transmitted in a two-stage uplink control information (UCI), and wherein a first stage of the UCI includes a first set of the second transmission parameters or an indication for a second set of the second transmission parameters in a second stage of the UCI. (Nammi discloses two stage UCI, including that the first stage has resource allocation, scheduling, modulation and code rate information regarding a data traffic channel, which would include the second transmission parameters, such as MCS, which are used for the uplink data channel transmission included in the claimed message [paragraph 0025].)
Therefore, since Nammi suggests two stage transmission, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the two stage transmission of Nammi with the system of Wang by performing two stage UCI transmission and including second information related to uplink data channel transmission, such as MCS, etc. in the first stage. The motive to combine is to place high priority information, such as MCS which is necessary to decode the channel in the initial more reliable frozen bits so it is guaranteed to be transmitted [see paragraph 0025 of Nammi].
Regarding claim 7, Wang discloses he second transmission parameters include a modulation and coding scheme (MCS), a quantity of layers (RI), a transmitted precoding matrix index (PMI), or a combination thereof (Paragraphs 0084-0086 - In the UE based option, a UE can indicate some transmission parameters (e.g., MCS, PMI, RI, SRI, etc.); see also 0095, 0100.)
Regarding claim 10, Wang discloses to select the second transmission parameters, are configured to modify the first transmission parameters to obtain the modified first transmission parameters (Wang discloses that the first transmission parameters, such as MCS, are used as a baseline for second transmission parameter selection [paragraphs 0083-0084].)
Regarding claim 21, Wang discloses the one or more processors are configured to receive a configuration message that indicates a radio resource control configuration for soft uplink grants. (paragraph 0081 – configured grants are configured via RRC and are therefore RRC configurations; paragraph 0086- the transmission adaptation/soft uplink grant status may be indicating in DL signaling/”a message” and may be per CG configuration/RRC configuration].)
Regarding claim 22, Wang discloses the one or more processors are configured to receive a configuration message that activates or deactivates selection of the second transmission parameters (The transmission adaptation/soft uplink grant status [i.e. selection of the second transmission parameters] may be indicating in DL signaling/”a message” indicating if transmission adaptation/soft uplink grants are supported at all or indicating their support on a per CG/cell/etc basis [paragraph 0086].)
Regarding claim 23, Wang A network entity for wireless communication, comprising: a memory; and one or more processors, coupled to the memory (paragraph 0153) configured to:
transmit a soft uplink grant that includes scheduling parameters and first transmission parameters, wherein the soft uplink grant lacks second transmission parameters or the first transmission parameters have a capability to be modified by a user equipment (UE) into the second transmission parameters (Wang discloses that a base station/network entity transmits a RRC signaling configuring one or more configured grant(s) form the base station/gNB [paragraphs 0081, 0083] that include initial transmission parameters [i.e. first transmission parameters] for use in uplink transmission, such as MCS/TBS, etc. [paragraphs 0083-0084 – “In a NR network, for a Type 1 CG, a UE can apply the MCS/TBS configured by a gNB via RRC signaling for a CG based transmission….there may be two options for update of transmission parameters for a CG, i.e., a gNB based option and a UE based option….In the UE based option, a UE can indicate some transmission parameters (e.g., MCS, PMI, RI, SRI, etc.) in the configured grant-uplink control information (CG-UCI) to improve transmission efficiency.”]. The base station may indicate that the original CG is a “soft” uplink grant by indicating to the UE that one or more of the first uplink transmission parameters may be modified into second transmission parameters through transmission adaptation [paragraphs 0086-0087].)
receive a parameter message that indicates the second transmission parameters (If the first transmission parameters/CG is a soft uplink grant, the UE may modify/update/adjust one or more of the first transmission parameters into second transmission parameters which are sent by the UE in a parameter message/UCI/MAC CD/RRC signaling to be received at the base station [paragraph 0087 – “For the UE based transmission adaptation, a transmission parameter adjustment such as MCS adjustment for a UE may be signaled via one or more bits in the UCI/MAC CE/RRC signaling by the UE; see also paragraphs 0083-0084 – “In a NR network, for a Type 1 CG, a UE can apply the MCS/TBS configured by a gNB via RRC signaling for a CG based transmission….there may be two options for update of transmission parameters for a CG, i.e., a gNB based option and a UE based option….In the UE based option, a UE can indicate some transmission parameters (e.g., MCS, PMI, RI, SRI, etc.) in the configured grant-uplink control information (CG-UCI) to improve transmission efficiency.”; note also 0095, 0100 – adjustment can also be mode to MCS, RI, PMI, SRI, etc. to form second parameters);
receive a communication scheduled by the soft uplink grant and decode the communication based at least in part on the second transmission parameters (paragraphs 0125-0126- base station receives second parameters via UCI, acknowledges, and decodes based on new/second parameters).
Wang fails to disclose the parameter message is received in a two-stage uplink control information (UCI), and wherein a first stage of the UCI includes a first set of the second transmission parameters or an indication for a second set of the second transmission parameters in a second stage of the UCI. In the same field of endeavor, Nammi discloses the parameter message is received in a two-stage uplink control information (UCI), and wherein a first stage of the UCI includes a first set of the second transmission parameters or an indication for a second set of the second transmission parameters in a second stage of the UCI. (Nammi discloses two stage UCI, including that the first stage has resource allocation, scheduling, modulation and code rate information regarding a data traffic channel, which would include the second transmission parameters, such as MCS, which are used for the uplink data channel transmission [paragraph 0025].)
Therefore, since Nammi suggests two stage transmission, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the two stage transmission of Nammi with the system of Wang by performing two stage UCI transmission and including second information related to uplink data channel transmission, such as MCS, etc. in the first stage. The motive to combine is to place high priority information, such as MCS which is necessary to decode the channel in the initial more reliable frozen bits so it is guaranteed to be transmitted [see paragraph 0025 of Nammi].
Regarding claim 29, Wang discloses he one or more processors are configured to transmit a configuration message that indicates a downlink control information format or a radio resource control configuration for soft uplink grants (paragraph 0081 – configured grants are configured via transmitted downlink RRC and are therefore RRC configurations; paragraph 0086- the transmission adaptation/soft uplink grant status may be indicating in DL signaling/”a configuration message” and may be per CG configuration/RRC configuration].)
Regarding claim 30, Wang discloses the one or more processors are configured to transmit a configuration message that activates or deactivates selection of the second transmission parameters (The transmission adaptation/soft uplink grant status [i.e. selection of the second transmission parameters] may be indicating in transmitted DL signaling/”a message” indicating if transmission adaptation/soft uplink grants are supported at all or indicating their support on a per CG/cell/etc basis [paragraph 0086].)
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Li, et al. (US Pre Grant Publication No. 2020/0274637).
Regarding claim 5, Wang as modified by Nammi fails to disclose the UCI is configured based at least in part on one or more of an offset value for a payload size or a scaling factor for a coding rate, and wherein the one or more processors are configured to select the offset value based at least in part on a reliability requirement and select the scaling factor based at least in part on signaling overhead. In the same field of endeavor, Li discloses the UCI is configured based at least in part on one or more of an offset value for a payload size or a scaling factor for a coding rate, and wherein the one or more processors are configured to select the offset value based at least in part on a reliability requirement and select the scaling factor based at least in part on signaling overhead. (Li discloses that a MCS offset determining a payload size [i.e. a offset value for a payload size] for a coding rate is determined for a UCI transmission based on a target block error rate at the UE/communications device [paragraph 0029-0032- determining MCS offset based on block error rate/payload; 0034 – communications device includes a terminal/UE device; 0079-0080 – MCS offset dictates payload size and is therefore an offset value for a payload size] Note the MCS offset can also be considered a scaling factor for the coding rated the offset will scale the coding rate up or down based on the size of the offset.)
Therefore, since Li discloses MCS offset determination for UCI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the MCS offsets of Li with the system of Wang as modified by Nammi by applying a MCS offset to the UCI based on a target error rate. The motive to combine is to improve channel utilization and error rates by allowing MCS adjustments to compensate for varying channel conditions.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) as applied to claim 1 and further in view of R2-1809382 (“382”) (Author Unknown, Autonomous Uplink Transmission in NR Unlicensed, Doc. No. R2-1809382, pages 1-5, 24 August 2018).
Regarding claim 8, Wang as modified by Nammi fails to disclose the second transmission parameters include a bandwidth part indicator. In the same field of endeavor, 382 discloses the second transmission parameters include a bandwidth part indicator. (382 discloses that AUL may include UE autonomous selection of different BWPs [page 4, section 2.7].)
Therefore, since 382 discloses modifying BWPs in AUL, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the BWP selection of 382 with the system of Wang as modified by Nammi by allowing the second parameters to include a modified/reselected BWP. The motive to combine is to allow the UE additional flexibility in scheduling the uplink transmission.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Kim, et al. (KIPO Publication No. 20190087747; note attached translation with all citations to translation)
Regarding claim 9, Wang as modified by Nammi fails to disclose the second transmission parameters include a demodulation reference signal information. In the same field of endeavor, Kim discloses the second transmission parameters include a demodulation reference signal information (Kim discloses the UE may perform autonomous selection of uplink transmission parameters including determining if additional DMRS signals are required on the uplink and transmitting an indication of this using UCI [page 6- “The present invention describes a method for setting a DMRS in a next generation / 5G radio access network (hereinafter referred to as NR (New Radio) in the present invention). Specifically, the UE directly derives the number of DMRSs required for setting the NR DMRS and the gNB transmission method of the corresponding information. In this proposal, the terminal can set up the number of additional DMRS symbols in the DMRS.”; se also pages 7-9, method 1)
Therefore, since Kim discloses the UE may select if additional DMRS signals are required, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the additional DMRS of Kim with the system of Wang as modified by Nammi by having the UE determine if it requires additional DMRS form UCI transmission, and, if so, signal in the UCI the additional DMRS required/second transmission parameters. The motive to combine is to allow the UE to vary the DMRS based on differing channel conditions to maintain transmission quality.
Regarding claim 12, Wang as modified by Nammi fails to disclose the one or more processors, to modify the first transmission parameters, are configured to modify a quantity or position of demodulation reference signals in response to a determination that channel state information is more accurate at the UE than at a network entity. In the same field of endeavor, Kim discloses the one or more processors, to modify the first transmission parameters, are configured to modify a quantity or position of demodulation reference signals in response to a determination that channel state information is more accurate at the UE than at a network entity (Kim discloses the UE may perform autonomous selection of uplink transmission parameters including determining if additional DMRS signals are required on the uplink [i.e. modifying a first parameter with a first number of DMRS to a second] and transmitting an indication of this using UCI [page 6- “The present invention describes a method for setting a DMRS in a next generation / 5G radio access network (hereinafter referred to as NR (New Radio) in the present invention). Specifically, the UE directly derives the number of DMRSs required for setting the NR DMRS and the gNB transmission method of the corresponding information. In this proposal, the terminal can set up the number of additional DMRS symbols in the DMRS.”; se also pages 7-9, method 1)
Therefore, since Kim discloses the UE may select if additional DMRS signals are required, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the additional DMRS of Kim with the system of Wang as modified by Nammi by having the UE determine if it requires additional DMRS form UCI transmission than those specified in the first parameters, and, if so, signal in the UCI the additional DMRS required/second transmission parameters. The motive to combine is to allow the UE to vary the DMRS based on differing channel conditions to maintain transmission quality.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Utkovski, et al. (US Pre Grant Publication No. 2021/0111838 A1) and R1-1712125 (“125”) (Author Unknown, HARQ for autonomous UL access on unlicensed SCell, Doc. No. R1-1712125, pages 1-4, 25 August 2017).
Regarding claim 11, Wang as modified by Nammi fails to disclose modifying the first transmission parameters to perform retransmission. In the same filed of endeavor, Utkovski discloses modifying the first transmission parameters to perform retransmission. (Utkovski discloses that a first grant free transmission occasion may be overridden and have it’s transmission parameters modified to allow for a retransmission of another grant free transmission [paragraphs 0114-0115].)
Therefore, since Utkovski dislcoses replacing a first transmission with a retransmission of a second transmission and modifying transmission parameters to match the second transmission, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the replacement of Utkovski with the system of Wang as modified by Nammi by replacing a transmission for a first configured grant with one for a second configured grant and modifying the transmission parameters of the transmission to match those of the second configured grant to perform a retransmission. The motive to combine is to allow for a rapid retransmission of critical data in the second configure grant.
Utkovski fails to disclose to select the second transmission parameters, are configured to modify the first transmission parameters to obtain the modified first transmission parameters (remapping claim 10 to relate to HARQ transmission parameter) and further to modify the first transmission parameters, are configured to modify a hybrid automatic repeat request process number and a new data indicator in response to receiving a grant for a new transport block, and wherein the one or more processors are configured to determine to retransmit a previously failed transport block. In the same field of endeavor, 125 discloses to select the second transmission parameters, are configured to modify the first transmission parameters to obtain the modified first transmission parameters (and further to modify the first transmission parameters, are configured to modify a hybrid automatic repeat request process number and a new data indicator in response to receiving a grant for a new transport block, and wherein the one or more processors are configured to determine to retransmit a previously failed transport block.
That is, Wang as modified by Nammi as modified by Utkovski discloses that the transmission parameters used for an uplink transmission are modified to allow for retransmission of a different uplink process but gives no details on what transmission parameters would be changed.
The system of 125 discloses that a particular process for uplink transmission would be associated with a HARQ ID and the requirement of a toggled NDI for retransmission.
Therefore, since 125 discloses changing HARQ ID between transmissions and changing NDI to indicate a retransmission, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the IDs of 125 with the system of Wang as modified by Nammi as modified by Utkovski by modifying the HARQ ID and NDI of the first CG to match the second CG to allow for the retransmission. The motive to combine is to allow the base station to identify which HARQ ID the retransmission is associated with so it may be placed in the appropriate HARQ buffer and decoded to allow for recovery of the transmission and improved reliability with lower latency.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Lee, et al. (US Pre Grant Publication No. 2020/0008228).
Regarding claim 13, Wang as modified by Nammi fails to disclose the second transmission parameters, are configured to insert or modifying a density or position of a phase tracking reference signal. In the same field of endeavor, Lee discloses the second transmission parameters, are configured to insert or modifying a density or position of a phase tracking reference signal. (The system of Lee discloses that the PTRS density is determined/modified based on the exact contents of the UCI to be transmitted [paragraph 0185, 0189].)
Therefore, since Lee suggests PTRS modifieciton based on transmitted UCI, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the PTRS modification of Lee with the system of Wang as modified by Nammi by allowing the PTRS density of the transmission to vary depending on the UCI contents to form the second transmission parameter. The motive to combine is to allow varying PTRS density based on UCI contents.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) as applied to claim 1 and further in view of Hwo, et al. (US Pre Grant Publication No. 2013/0242911 A1).
Regarding claim 14, Wang as modified by Nammi fails to disclose the one or more processors, to select the second transmission parameters, are configured to select a sounding reference signal to include in the scheduled resource. In the same field of endeavor, Hwo discloses the one or more processors, to select the second transmission parameters, are configured to select a sounding reference signal to include in the scheduled resource. (The system of Hwo discloses that in the case of a PUCCH including UCI along with a SRS, the UE may select which power control option is utilized [paragraph 0081 – selection, see also 0064 – SRS and PUSCH UCI sent simultaneously with power control implemented]. The UE therefore may determine how to control power control issues including, selecting to use or not use a SRS [paragraph 0080 – drop SRS vs, for example, paragraph 0078, power scaling emissions to avoid exceeding maximum power emission] or choosing a shortened SRS with the last symbol removed [paragraph 0056 – “in other examples, when other uplink channels and SRS are transmitted in the different cells, either the last symbol of other uplink channels or SRS can be dropped”].)
Therefore, since Wang as modified by Nammi discloses SRS selection based on maximum power emission, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the SRS selection of Wang as modified by Nammi with the system of Hwo by further selecting as a part of the second parameters, a SRS to include or not include in the transmission and/or the type of SRS to include, such as a standard or shortened SRS missing the last symbol, to comply with power emission requirements of the channel. The motive to combine is to allow the UE to not exceed maximum power emission allowed for the channel or band.
Regarding claim 15, Wang as modified by Nammi fails to disclose the one or more processors, to select the second transmission parameters, are configured to select a reference signal to include for peak-to-average-power ratio reduction or emission reduction. In the same field of endeavor, Hwo discloses the one or more processors, to select the second transmission parameters, are configured to select a reference signal to include for peak-to-average-power ratio reduction or emission reduction. (The system of Hwo discloses that in the case of a PUCCH including UCI along with a SRS/reference signal, the UE may select which power control option is utilized [paragraph 0081 – selection, see also 0064 – SRS and PUSCH UCI sent simultaneously with power control implemented]. The UE therefore may determine how to control power control issues by choosing a power control option including, selecting to use or not use a SRS [paragraph 0080 – drop SRS vs, for example, paragraph 0078, power scaling emissions to avoid exceeding maximum power emission] or selecting a shortened SRS with the last symbol removed [paragraph 0056 – “in other examples, when other uplink channels and SRS are transmitted in the different cells, either the last symbol of other uplink channels or SRS can be dropped”].)
Therefore, since Wang as modified by Nammi discloses SRS selection based on maximum power emission, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the SRS selection of Wang as modified by Nammi with the system of Hwo by further selecting as a part of the second parameters, a SRS to include or not include in the transmission and/or the type of SRS to include, such as a standard or shortened SRS missing the last symbol, to comply with power emission requirements of the channel. The motive to combine is to allow the UE to not exceed maximum power emission allowed for the channel or band.
Claim(s) 16, 17, 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Talarico, et al. (US Pre Grant Publication No. 2019/0349908 A1).
Regarding claim 16, Wang as modified by Nammi fails to disclose selecting the second transmission parameters in response to the uplink grant being a soft uplink grant, are configured to select the second transmission parameters in response to the uplink grant being received in downlink control information that has a format that is associated with soft uplink grants. In the same field of endeavor, Talarico discloses selecting the second transmission parameters in response to the uplink grant being a soft uplink grant, are configured to select the second transmission parameters in response to the uplink grant being received in downlink control information that has a format that is associated with soft uplink grants. (The system of Talarico discloses associating particular DCI format with AUL/soft uplink activation [paragraphs 0042, 0047 – for example a new or reused DCI format is used for AUL/soft uplink activation]. The DCI activation may be more than mere activation and may also include grant information typical of DCI format 0 such as MCS, CS/OCC for DMRS, resource blocks [paragraph 0043 – MCS can be included if relied upon, such as a starting point in Wangi; 0050 – OCC/CS can be included if needed, RB can be used if needed, such as for a starting point in Wang, etc.]. Finally, the association of the DCI format 0/0A with a UEs use of AUL/soft uplink activation can be based on a SPS C-RNTI used for scrambling the DCI format [paragraph 0047] that is assigned to the UE via a RRC message [paragaprh 0021].)
Therefore, since Talarico discloses using a DCI format for an uplink grant indicating the use of a soft uplink grant/AUL, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the DCI format of Talarico with the system of Wang as modified by Nammi by using DCI format 0/0A to transmit the uplink grant indicating AUL/soft uplink support and containing MCS, grant, etc. as needed for a starting point to determine the second transmission parameters to transmit the uplink grant of Wang as modified by Nammi wherein the association of the DCI format with a AUL/soft uplink grant is based at least in part on a RRC message assigning C-RNTI for the UE being used to scramble the DCI format 0/0A transmission. The motive to combine is to allow rapid singling of the uplink grant using DCI signaling.
Regarding claim 17, Wang as modified by Nammi as modified by Talarico discloses the one or more processors are configured to receive a configuration message that indicates the format that is associated with soft uplink grants. (see claim 16, supra, a RRC message assigns C-RNTI that is used to associate the DCI format 0 with AUL/soft uplink grant transmission for the UE].)
Regarding claim 24, Wang as modified by Nammi fails to disclose he one or more processors, to transmit the soft uplink grant, are configured to transmit the soft uplink grant in downlink control information that has a format that is associated with soft uplink grants. In the same field of endeavor, Talarico discloses he one or more processors, to transmit the soft uplink grant, are configured to transmit the soft uplink grant in downlink control information that has a format that is associated with soft uplink grants. (The system of Talarico discloses associating particular transmitted DCI format with AUL/soft uplink activation [paragraphs 0042, 0047 – for example a new or reused DCI format is used for AUL/soft uplink activation]. The DCI activation may be more than mere activation and may also include grant information typical of DCI format 0 such as MCS, CS/OCC for DMRS, resource blocks [paragraph 0043 – MCS can be included if relied upon, such as a starting point in Wang; 0050 – OCC/CS can be included if needed, RB can be used if needed, such as for a starting point in Wang, etc.]. Finally, the association of the DCI format 0/0A with a UEs use of AUL/soft uplink activation can be based on a SPS C-RNTI used for scrambling the DCI format [paragraph 0047] that is assigned to the UE via a RRC message [paragaprh 0021].)
Therefore, since Talarico discloses using a DCI format for an transmitting an uplink grant indicating the use of a soft uplink grant/AUL, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the DCI format of Talarico with the system of Wang as modified by Nammi by using DCI format 0/0A to transmit the uplink grant indicating AUL/soft uplink support and containing MCS, grant, etc. as needed for a starting point to determine the second transmission parameters, wherein the association of the DCI format with a AUL/soft uplink grant is based at least in part on a transmitted downlink RRC message assigning C-RNTI for the UE being used to scramble the DCI format 0/0A transmission. The motive to combine is to allow rapid singling of the uplink grant using DCI signaling.
Regarding claim 25, Wang as modified by Nammi discloses the one or more processors are configured to transmit a configuration message that indicates the format that is associated with soft uplink grants. (see claim 16, supra, a the transmitted downlink RRC message assigns C-RNTI that is used to associate the DCI format 0 with AUL/soft uplink grant transmission for the UE].)
Claim(s) 18, 19, 26 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Iyer, et al. (US Pre Grant Publication No. 2022/0116152 A1).
Regarding claim 18, Wang as modified by Nammi fails to disclose selecting the second transmission parameters in response to the uplink grant being a soft uplink grant, are configured to select the second transmission parameters in response to the uplink grant being received in a radio resource control message that is configured for soft uplink grants. In the same field of endeavor, Iyer discloses selecting the second transmission parameters in response to the uplink grant being a soft uplink grant, are configured to select the second transmission parameters in response to the uplink grant being received in a radio resource control message that is configured for soft uplink grants. (Iyer discloses a type 1 CG in NR in which autonomous selection/soft uplink grants are performed allowing for selection of second transmission parameters [0188-0194 – selection of MCS by UE, making a soft uplink by selecting a second MCS different from first MCS configured by base station]. The Type 1 CG is a RRC grant type in which the grant is transmitted in a RRC message [paragaprh 0164].)
Therefore, since Iyer discloses RRC configuration of soft uplink grants, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the RRC configuration of Iyer with the system of Wang as modified by Nammi by transmitting a soft uplink grant allowing selection of second transmission parameter in a RRC message for soft uplink grants. The motive to combine is to allow RRC configuration for grants, which decreases overhead and allows for more configuration message length relative to grants in DCI.
Regarding claim 19, Wang as modified by Nammi fails to disclose the one or more processors are configured to receive a message that indicates parameters of the first transmission parameters that are modifiable by the UE. In the same field of endeavor, Iyer discloses the one or more processors are configured to receive a message that indicates parameters of the first transmission parameters that are modifiable by the UE (Iyer discloses different scenarios allowing different transmission parameters to be modified, for example, a first message indicating MCS and AUL Type indicates the MCS parameter is modifiable by the UE using allowed MCS [paragraph 0188- RRC configured MCS and AUL type, allowing for UE modification; 0195 – MCS not RRC configured – no modification possible; also a RRC message assigning a repetition bundle [0274] allows assignment of MCS; RV; HARQ process ID; and UE-ID [0277].)
Therefore, since Iyer discloses receiving messages indicating MCS, RV, HARQ process ID are modifiable, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the messages of Iyer with the system of Wang as modified by Nammi by allowing a RRC repetition configuration message to indicate CS, RV, HARQ process ID associated with the first transmission parameters are modifiable. The motive to combine is to allow greater flexibility in parameter selection for improved performance.
Regarding claim 26, Wang as modified by Nammi fails to disclose the one or more processors, to transmit the soft uplink grant, are configured to transmit the soft uplink grant in a radio resource control message that is configured for soft uplink grants. In the same field of endeavor, Iyer discloses the one or more processors, to transmit the soft uplink grant, are configured to transmit the soft uplink grant in a radio resource control message that is configured for soft uplink grants (Iyer discloses a type 1 CG in NR in which autonomous selection/soft uplink grants are performed allowing for selection of second transmission parameters [0188-0194 – selection of MCS by UE, making a soft uplink by selecting a second MCS different from first MCS configured by base station]. The Type 1 CG is a RRC grant type in which the grant is transmitted in a RRC message [paragaprh 0164].)
Therefore, since Iyer discloses RRC configuration of soft uplink grants, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the RRC configuration of Iyer with the system of Wang as modified by Nammi by transmitting a soft uplink grant allowing selection of second transmission parameter in a RRC message for soft uplink grants. The motive to combine is to allow RRC configuration for grants, which decreases overhead and allows for more configuration message length relative to grants in DCI.
Regarding claim 27, Wang as modified by Nammi fails to disclose the one or more processors are configured to transmit a configuration message that indicates parameters of the first transmission parameters that are modifiable by the UE. In the same field of endeavor, Iyer discloses the one or more processors are configured to transmit a configuration message that indicates parameters of the first transmission parameters that are modifiable by the UE (Iyer discloses different scenarios allowing different transmission parameters to be modified, for example, a first message transmitted from the base station indicating MCS and AUL Type indicates the MCS parameter is modifiable by the UE using allowed MCS [paragraph 0188- RRC configured MCS and AUL type, allowing for UE modification; 0195 – MCS not RRC configured – no modification possible; also a RRC message transmitted from the base station assigning a repetition bundle [0274] allows assignment of MCS; RV; HARQ process ID; and UE-ID [0277].)
Therefore, since Iyer discloses transmitting messages indicating MCS, RV, HARQ process ID are modifiable, it would have been obvious to a person of ordinary skill in the art at the time of the invention to combine the messages of Iyer with the system of Wang as modified by Nammi by allowing the transmission of a RRC configuration message to indicate CS, RV, HARQ process ID associated with the first transmission parameters are modifiable. The motive to combine is to allow greater flexibility in parameter selection for improved performance.
Claim(s) 20 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, et al. (US Pre Grant Publication No. 2022/0353877) and Nammi, et al. (US Pre Grant Publication No. 2018/0198894 A1) as applied to claim 1 and further in view of Iyer, et al. (US Pre Grant Publication No. 2022/0116152 A1) and Huang, et al. (US Pre Grant Publication No. 2021/0168762).
Regarding claim 20, Wang as modified by Nammi fails to disclose the one or more processors are configured to receive a configuration message that indicates a range, a condition, or a threshold for a modifiable parameter of the first transmission parameters. In the same field of endeavor, Iyer discloses the one or more processors are configured to receive a configuration message that indicates a set for a modifiable parameter of the first transmission parameters. (Iyer discloses that a RRC message may indicate a set of allowable MCS values [paragraph 0190- subset of RRC configured MCS].)
Therefore, since Iyer discloses a set of MCS values, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the set of MCS values of Iyer with the system of Wang as modified by Nammi by receiving an RRC message configuring a set of MCS values. The motive to combine is to reduce singling overhead.
Wang as modified by Nammi as modified by Iyer fails to disclose a range for a modifiable parameter. (i.e. Iyer discloses a set of MCS values, but not explicitly a range). In the same field of endeavor, Huang discloses a range for a modifiable parameter. (Huang discloses the configured allowed MCS values may be in a range [paragraph 0461].)
Therefore, since Huang discloses an MCS range, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the ranges of Huang with the system of Wang as modified by Nammi as modified by Iyer by making the set of configured MCS values a range. The motive to combine is to concentrate the set selected near the range of useful MCS values to improve MCS selection and thereby efficiency.
Regarding claim 28, Wang as modified by Nammi fails to disclose the one or more processors are configured to transmit a configuration message that indicates a range, a condition, or a threshold for a modifiable parameter of the first transmission parameters. In the same field of endeavor, Iyer discloses the one or more processors are configured to transmit a configuration message that indicates a range, a condition, or a threshold for a modifiable parameter of the first transmission parameters. (Iyer discloses that a base station transmitted RRC message may indicate a set of allowable MCS values [paragraph 0190- subset of RRC configured MCS].)
Therefore, since Iyer discloses a set of MCS values, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the set of MCS values of Iyer with the system of Wang as modified by Nammi by transmitting an RRC message configuring a set of MCS values. The motive to combine is to reduce singling overhead.
Wang as modified by Nammi as modified by Iyer fails to disclose a range for a modifiable parameter. (i.e. Iyer discloses a set of MCS values, but not explicitly a range). In the same field of endeavor, Huang discloses a range for a modifiable parameter. (Huang discloses the configured allowed MCS values may be in a range [paragraph 0461].)
Therefore, since Huang discloses an MCS range, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the ranges of Huang with the system of Wang as modified by Nammi as modified by Iyer by making the set of configured MCS values a range. The motive to combine is to concentrate the set selected near the range of useful MCS values to improve MCS selection and thereby efficiency.
Allowable Subject Matter
Claims 3, 4 and 32 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.
Regarding claims 3 and 32, the prior art fails to teach, suggest or disclose transmitting a second message that indicates one or more of the second transmission parameters or the subset of the scheduled resource, wherein the second message is transmitted in a UCI in resources that are configured for indicating the second transmission parameters.
That is, looking to the independent claim there is a first message that indicates one or more of the second transmission parameters or a subset of the scheduled resources and it is further indicated that a first stage of the UCI includes a first set of the second transmission parameters or an indicating for a second set of the transmission parameters in a second state of the two stage UCI. Looking to dependent claims 3 and 32 it is further required that there is a second message in the UCI that indicates one or more of the second transmission parameters or the subset of the scheduled resources. Although it is not directly required by the claims that the first message is sent in the first stage of the UCI and the second message is sent in the second stage of the UCI the claims are being treated in this manner as all relevant art places the elements of the first message in the first UCI and the second in the second UCI. Looking to the prior art, the system of Nami discloses the inclusion of the second transmission parameters, such as MCS, etc. in the first UCI/message but does not disclose the further inclusion of second transmission parameters in the second message. Furthermore, no other art discloses a first and second message, each with the second transmission parameters. Other possible combinations from the claims include 1) the first message indicates a second set of parameters in the second stage, which is not disclosed as no art teaching the parameters in the second stage could be located, let alone an indicator that this occurs in the first message and 2) the first stage including a subset of the scheduled resources and the second stage including the second transmission parameters, which is not disclosed by the prior art as no art teaching the subset of resources could be found and no art related to the parameters in the second stage could be located and 3) the second set of parameters are in the first message and the second message has the subset of scheduled resources, although Nami discloses the second set of parameters in the first message, no art teaching the subset of scheduled resources in the second message could be located. Therefore, the prior art fails to teach, suggest or disclose all elements of the claimed invention.
Regarding claim 4, the claim depends from claim 3 and is allowable for at least the reasons stated with respect to claim 3, supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466