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 Amendment
This communication is in response to the amendment of 2/25/2026. All changes made to the claims have been entered. Accordingly, Claims 1, 3-14, 33, 36, 38-52 are currently pending in the application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: means for selecting and means for transmitting (in claim 50).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Review of the specification appears to provide the corresponding structure, material, or acts for the claimed functions as shown in figures 2, 4, 10 along with paragraph [0007], [0009], [0011]-[0013], [0033], [0039]-[0044].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-9, 12-14, 33, 36, 38-43, 46-52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko et al. (US 2018/0041316).
Regarding claim 1, 33, 49, 50, Ko disclosers a user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors operatively coupled to the one or more memories, the one or more processors (The UE 800 may include a processor 810, a memory 820, and a transceiver 830, [0117]-[0118] and figure 11) configured to:
select, from a set of demodulation reference signal (DMRS) configurations, a recommended DMRS configuration for a physical downlink shared channel (PDSCH), the recommended DMRS configuration associated with a set of DMRS parameters (Upon reporting CSI (RI/PMI/CQI), the UE may report information about a preferred additional DMRS level (correlating to recommended DMRS configuration). The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI and the additional DMRS may be categorized as levels according to the number of REs of an added DMRS. The number of REs of the added DMRS, that is, an additional DMRS level, may be adjusted according to a transmission environment, [0090] and [0077] and [0072]-[0082] and [0084]-[0089] and [0112]); and
transmit an indication of the recommended DMRS configuration as part of a channel state feedback (CSF) report or coupled to the CSF report (Upon reporting CSI (RI/PMI/CQI), the UE may report information about a preferred additional DMRS level. The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI. Upon calculation of the CSI, the UE may factor in added DM-RS RE overhead according to the additional DMRS level, [0089]-[0090] and [0077] and [0072]-[0079] and [0084]-[0089] and [0112]).
Regarding claim 3, 38, Ko discloses wherein the one or more processors are configured to: generate the CSF report based at least in part on the set of DMRS parameters corresponding to the recommended DMRS configuration; and transmit the CSF report (Upon reporting CSI (RI/PMI/CQI), the UE may report information about a preferred additional DMRS level. The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI. Upon calculation of the CSI, the UE may factor in added DM-RS RE overhead according to the additional DMRS level, [0090] and [0112] and [0088]-[0090] and [0072]-[0082]).
Regarding claim 4, 39, 51, Ko discloses wherein the CSF report indicates one or more of a channel quality indicator, a recommended rank indicator, or a pre-coding matrix indicator determined based at least in part on the recommended DMRS configuration (Upon reporting CSI (RI/PMI/CQI), the UE may report information about a preferred additional DMRS level. The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI. Upon calculation of the CSI, the UE may factor in added DM-RS RE overhead according to the additional DMRS level, [0090] and [0112] and [0098]-[0099])
Regarding claim 5, 36, Ko discloses wherein the one or more processors, to select the recommended DMRS configuration, are configured to : select the recommended DMRS configuration based at least in part on one or more of channel characteristics or reception conditions estimated based at least in part on one or more downlink reference signals (an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI and DMRSs make good use of channel estimation variation and The number of REs of the added DMRS, that is, an additional DMRS level, may be adjusted according to a transmission environment, [0090] and [0075] and [0077] and [0084]-[0090]).
Regarding claim 6, 40, Ko discloses wherein the one or more downlink reference signals include one or more of a channel state information (CSI) reference signal, a CSI interference measurement, a tracking reference signal, or a DMRS (After performing short-term measurement (CSI-RS), a UE may report a channel variation (of time and frequency) together with Channel State Information (CSI) and The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput , [0089]-[0090] and [0108] and [0112] and [0020] and [0080]-[0082] and [0102] and [0114]).
Regarding claim 7, 41, 52, Ko discloses, wherein a set of definitions for a channel state information reference resource, for generating a channel state feedback report, is based at least in part on the set of DMRS parameters (the position of a DMRS in a data transmission region in a subframe may be defined and The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI. Upon calculation of the CSI, the UE may factor in added DM-RS RE overhead according to the additional DMRS level., [0049]-[0050] and [0038] and [0084]-[0090] and [0114]).
Regarding claim 8, 42, Ko discloses, wherein the set of definitions for the channel state information reference resource includes one or more of:
a number of one or more front loaded DMRS symbols is based at least in part on the recommended DMRS configuration (a basic DMRS be transmitted through the first Orthogonal Frequency Division Multiplexing (OFDM) symbol in a data transmission region of a predetermined subframe and an additional DMRS be transmitted in the predetermined subframe according to a level and the basic DMRS is located at a front part of a data region of a subframe, [0038]-[0040] and [0009] and [0090]-[0092] and [0065]-[0079]),
a number of one or more additional DMRS symbols is based at least in part on the recommended DMRS configuration (an additional DMRS be transmitted in the predetermined subframe according to a level determined according to a transmission environment and The additional DMRS may be categorized as levels according to the number of REs of an added DMRS. The number of REs of the added DMRS, that is, an additional DMRS level, may be adjusted according to a transmission environment, [0038]-[0040] and [0077] and [0009] and [0090]-[0092] and [0065]-[0079]),
locations of DMRS symbols, relative to one or more of a first or last symbol of a physical downlink shared channel allocation, are based at least in part on the recommended DMRS configuration (The additional DMRS may be located at a specific position of the data region and the position of the additional DMRS may be deployed on an OFDM symbol subsequent to an OFDM symbol used as the basic DMRS, [0072]-[0078] and [0090]-[0093]), or
a type of DMRS for the PDSCH is based at least in part on the recommended DMRS configuration (Information about an additional DMRS type, [0087]-[0093] and [0097]).
Regarding claim 9, 43, Ko discloses wherein the set of definitions for the channel state information reference resource includes one or more of:
an allocation duration for a physical downlink shared channel is based at least in part on the recommended DMRS configuration,
a physical downlink shared channel includes DMRS symbols according to the recommended DMRS configuration (additional DMRS is used in units of OFDM symbols and The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH and DMRS density for a PDSCH, [0075] and [0090]-[0093]) , or
a DMRS boosting configuration and an assumption regarding multiplexing of DMRS resources and data resources on DMRS symbols are based at least in part on the recommended DMRS configuration.
Regarding claim 12, 46, Ko discloses, wherein the one or more processors are configured to : transmit a channel quality indicator (CQI) report including at least one of: a first CQI determined based at least in part on the recommended DMRS configuration, and a second CQI determined based at least in part on a default DMRS configuration (Upon reporting CSI (RI/PMI/CQI), the UE may report information about a preferred additional DMRS level. The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI. Upon calculation of the CSI, the UE may factor in added DM-RS RE overhead according to the additional DMRS level and information about RS density used in a currently transmitted channel (use of default density, increase of density, or decrease of density) may be provided, [0090] and [0084]-[0085] and [0077] and [0038])
Regarding claim 13, 47, Ko discloses, wherein the default DMRS configuration ((use of default density, increase of density, or decrease of density) may be provided, [0090] and [0084]-[0085] and [0077] and [0038]) is associated with a set of definitions for a channel state information reference resource including one or more of:
a number of one or more front loaded DMRS symbols is based at least in part on the default DMRS configuration (a basic DMRS be transmitted through the first Orthogonal Frequency Division Multiplexing (OFDM) symbol in a data transmission region of a predetermined subframe and an additional DMRS be transmitted in the predetermined subframe according to a level and the basic DMRS is located at a front part of a data region of a subframe, [0038]-[0040] and [0009] and [0090]-[0092] and [0065]-[0079]),
a number of one or more additional DMRS symbols is based at least in part on the default DMRS configuration (an additional DMRS be transmitted in the predetermined subframe according to a level determined according to a transmission environment and The additional DMRS may be categorized as levels according to the number of REs of an added DMRS. The number of REs of the added DMRS, that is, an additional DMRS level, may be adjusted according to a transmission environment, [0038]-[0040] and [0077] and [0009] and [0090]-[0092] and [0065]-[0079]),
locations of DMRS symbols, relative to a one or more of a first or last symbol of a physical downlink shared channel allocation, are based at least in part on the default DMRS configuration (The additional DMRS may be located at a specific position of the data region and the position of the additional DMRS may be deployed on an OFDM symbol subsequent to an OFDM symbol used as the basic DMRS, [0072]-[0078] and [0090]-[0093]), or
a type of DMRS for the PDSCH is based at least in part on the default DMRS configuration (Information about an additional DMRS type, [0087]-[0093] and [0097]).
Regarding claim 14, 48, Ko discloses, wherein the default DMRS configuration ((use of default density, increase of density, or decrease of density) may be provided, [0090] and [0084]-[0085] and [0077] and [0038]) is associated with a set of definitions for a channel state information reference resource including one or more of:
an allocation duration for a physical downlink shared channel is based at least in part on the default DMRS configuration,
a physical downlink shared channel includes DMRS symbols according to the default DMRS configuration (additional DMRS is used in units of OFDM symbols and The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH and DMRS density for a PDSCH, [0075] and [0090]-[0093]) , or
a DMRS boosting configuration and an assumption regarding multiplexing of DMRS resources and data resources on DMRS symbols are based at least in part on the recommended DMRS configuration.
Allowable Subject Matter
Claims 10-11, 44-45 is 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.
Response to Arguments
Applicant's arguments filed 2/25/2026 have been fully considered but they are not persuasive.
Applicant submits that Ko does not disclose “transmit an indication of the recommended DMRS configuration as a part of a channel state feedback (CSF) report or coupled to the CSF report” (remarks page 15). Examiner however respectfully disagrees as Ko discloses “Upon reporting CSI (RI/PMI/CQI), the UE may report information about a preferred additional DMRS level. The preferred additional DMRS level corresponds to an additional DMRS level that can obtain optimal throughput while the UE receives a PDSCH of an MCS corresponding to a reported CQI. Upon calculation of the CSI, the UE may factor in added DM-RS RE overhead according to the additional DMRS level “([0089]-[0090] and [0077] and [0072]-[0079] and [0084]-[0089] and [0112]). Examiner correlates such teachings to the amended subject matter of “an indication of the recommended DMRS configuration as a part of a channel state feedback (CSF) report or coupled to the CSF report” as Ko discloses that upon reporting CSI, the UE reports information of a preferred additional DMRS level and that the calculation of the CSI factors in the preferred additional DMRS level in which Examiner correlates to “coupled to the CSF report” or being linked. Examiner thus believes Ko to disclose the subject matter of “transmit an indication of the recommended DMRS configuration as a part of a channel state feedback (CSF) report or coupled to the CSF report”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
You et al. (US 2015/0373694) disclosing the DMRS information may be reported together with channel state information (CSI) indicating at least one of a channel quality indicator, a precoding matrix indicator, and a rank indication ([0019]).
Ko et al. (US 2019/0199487) disclosing if a UE reports a CSI, preferred additional DMRS level information may also be reported ([0131]).
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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/NGUYEN H NGO/Examiner, Art Unit 2473