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 .
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) 1,3-5,9-10,12-14,18,25,27-29,31 and 33-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park, et al. (US Pre Grant Publication No. 2019/0379501 A1) in view of Xiong, et al. (WIPO Publication No. 2020056180)
Regarding claims 1 and 25, Park discloses an apparatus for wireless communications at a network node, comprising memory and one or more processors coupled with the memory (paragraph 0727-0730) and configured to cause the apparatus to and a method for wireless communications at a network node, comprising:
receive a first control message indicating capability of a user equipment (UE) to support hybrid beamforming and adaptive beam weights-based analog beamforming; (Ahn discloses three types of UEs: type 1/precoding SRS [paragraph 0433], type 2/non-precoding SRS [paragraph 0436] and type 3/both precoding [type 1] and non-precoding [type 2] SRS capable UEs [paragraph 0440]. Type 1 UEs operate in accordance with hybrid beamforming, as they have a common analog beam that is applied to precoded digital beam directions [paragraphs 0514, 0222, 0652-0654 – Class A]. Type 2 UEs operate in accordance with weight based analog beamforming [paragraph 0515 – analog beamforming; paragraph 0221, 0228 – phase shifting vector/weights used for directionality; 0603, 0659 -class C/hybrid]. The UEs indicate various capabilities in a control message, including indicating a type 3 UE [i.e. supporting both type 1/hybrid and type 2/analog beamforming, as claimed] [paragraphs 0352, 0358, 0365] and indicating the number of beams, etc. supported in the different modes/types of transmission [paragraphs 0516, 0518].)
transmit a second control message indicating a first set of reference signal resources associated with the hybrid beamforming and a second set of reference signal resources associated with the adaptive beam weights-based analog beamforming; (The UE is configured with SRS resources [via a second control message transmitted by the base station and received by the UE] for type 1/non-precoded SRS transmission and type2/precoded transmission [0511-00527, in particular 0514 – type 1 resources is precoded/hybrid, type 2 is analog; note that a “type 1” resources are different from a “type 1” UE.] [0592-606, in particular 0603 in class C SRS non-precoded resources are first used [i.e. first set of reference signal resources] followed by precoded SRS resources [i.e. a second set of reference signal resources].)
receive a first set of reference signals via the first set of reference signal resources and a second set of reference signals via the second set of reference signal resources, the first set of reference signals corresponding to the hybrid beamforming, and the second set of reference signals corresponding to the adaptive beam weights-based analog beamforming (0511-00527, 0592-606 – see b, supra - allocated SRS are transmitted by UE to base station, which receives them)
transmit, in response to the first set of reference signals and the second set of reference signals, a third control message indicating a rank indicator associated with the hybrid beamforming or the adaptive beam weights-based analog beamforming. (The base station measures the configured and received type 1/hybrid and/or type 2/analog SRSs and transmits a TRI, which the UE receives [0608-0615 measurement and TRI indication for beamforming].)
Park discloses static and dynamic singling for hybrid and analog adaptive beamforming (The SRS may be triggered periodically [i.e. semi-statically, via RRC] or aperiodically [i.e. dynamically] [paragraphs 0015, 0350, 0361]. Beam capabilities singled but not capability for static or dynamic support [paragraph 0517].)
Park fails to disclose fails to disclose the base station receives a static or dynamic capability. In the same field of endeavor, Xiong discloses the base station receives a static or dynamic capability. (Xiong discloses that a UE may indicate the maximum number of SRS resource sets it supports for each time domain behavior for beamforming SRS transmission, with the time domain behavior being aperiodic/dynamic and static/semi-persistent/periodic, in the case of singling an integer 0, indicated as a a value of the MaxNumber SRS for static/periodic/semi-persistent and aperiodic/dynamic, the UE indicates it does not support static signaling and 1 or greater indicates support for static/dynamic signaling [paragraph 0043].)
Therefore, since Xiong discloses indication of static or dynamic capabilities, it would have been obvious to a person of ordinary sill in the art before the effective filing date of the invention to combine the static/dynamic capability signaling of Xiong with the system of Park by having the UE signal the capability to support static or dynamic signaling for the beamforming methods, such as the hybrid beamforming and adaptive beam weights-based analog beamforming of Park such that the system of Park may select the appropriate type based on the UE capabilities. The motive to combine is to allow the base station to improve compatibility by allowing it to operate with UEs only supporting only one of static or dynamic indications for beamforming reference signals.
Regarding claims 3 and 27, Park discloses transmitting the third control message indicating the rank indicator associated with the hybrid beamforming based at least in part on receiving the first set of reference signals and the second set of reference signals. (The base station measures the configured and received type 1/hybrid and type 2/analog SRSs and transmits a TRI for hybrid/precoded beamforming, the hybrid configuration depends on both SRIs as it is an incremental beam refinement [0608-0615 measurement and TRI indication for beamforming][paragraphs 0592-606, in particular 0603 in class C SRS non-precoded resources are first used [i.e. first set of reference signal resources] followed by precoded SRS resources [i.e. a second set of reference signal resources] for incremental beam refinement].)
Regarding claims 4 and 28, Park discloses transmitting the third control message indicating one or more parameters for a power control loop associated with the hybrid beamforming. (The configuration for the beam transmission include power control setting indicated via the selected codebook for hybrid beamforming [0421-0422 – codebook configured transmission power for the precoder used in hybrid beamforming; 0619 – codebook configured to UE; 0601 - in response to transmitted SRS, codebook selected for hybrid beamforming (including the associated power); 0079 – power periodically updated indicating control loop)
Regarding claims 5 and 29, Park discloses receiving an uplink data message in accordance with the hybrid beamforming (Park discloses that PUSCH uplink data transmissions are carried out in accordance with selected rank information [paragraph 0375, 0549, 0555-0556].)
Regarding claim 9, Park discloses transmitting the second control message indicating a first set of sounding reference signal resources and a second set of sounding reference signal resources, wherein the first set of reference signals is a first set of sounding reference signals, and the second set of reference signals is a second set of sounding reference signals (The UE is configured with SRS resources [via a second control message transmitted by the base station and received by the UE] for type 1/non-precoded SRS transmission and type2/precoded transmission [0511-00527, in particular 0514 – type 1 resources is precoded/hybrid, type 2 is analog; note that a “type 1” resources are different from a “type 1” UE.] [0592-606, in particular 0603 in class C SRS non-precoded resources are first used [i.e. first set of reference signal resources] followed by precoded SRS resources [i.e. a second set of reference signal resources].)
Regarding claims 10 and 31, Park discloses an apparatus for wireless communications at a user equipment (UE), comprising a memory and one or more processors coupled with the memory and configured to cause the apparatus to (paragraph 0009) and a method for wireless communications at a user equipment (UE), comprising:
transmitting a first control message indicating a capability of the UE to support hybrid beamforming and adaptive beam weights-based analog beamforming; (Ahn discloses three types of UEs: type 1/precoding SRS [paragraph 0433], type 2/non-precoding SRS [paragraph 0436] and type 3/both precoding [type 1] and non-precoding [type 2] SRS capable UEs [paragraph 0440]. Type 1 UEs operate in accordance with hybrid beamforming, as they have a common analog beam that is applied to precoded digital beam directions [paragraphs 0514, 0222, 0652-0654 – Class A]. Type 2 UEs operate in accordance with weight based analog beamforming [paragraph 0515 – analog beamforming; paragraph 0221, 0228 – phase shifting vector/weights used for directionality; 0603, 0659 -class C/hybrid]. The UEs indicate various capabilities in a control message, including indicating a type 3 UE [i.e. supporting both type 1/hybrid and type 2/analog beamforming, as claimed] [paragraphs 0352, 0358, 0365] and indicating the number of beams, etc. supported in the different modes/types of transmission [paragraphs 0516, 0518].)
receiving a second control message indicating a first set of reference signal resources associated with the hybrid beamforming and a second set of reference signal resources associated with the adaptive beam weights-based analog beamforming; (The UE is configured with SRS resources [via a second control message transmitted by the base station and received by the UE] for type 1/non-precoded SRS transmission and type2/precoded transmission [0511-00527, in particular 0514 – type 1 resources is precoded/hybrid, type 2 is analog; note that a “type 1” resources are different from a “type 1” UE.] [0592-606, in particular 0603 in class C SRS non-precoded resources are first used [i.e. first set of reference signal resources] followed by precoded SRS resources [i.e. a second set of reference signal resources].)
transmitting a first set of reference signals via the first set of reference signal resources and a second set of reference signals via the second set of reference signal resources, the first set of reference signals transmitted in accordance with the hybrid beamforming, and the second set of reference signals transmitted in accordance with the adaptive beam weights-based analog beamforming (0511-00527, 0592-606 – see b, supra - allocated SRS are transmitted by UE to base station, which receives them)
receiving, in response to the first set of reference signals and the second set of reference signals, a third control message indicating a rank indicator associated with the hybrid beamforming or the adaptive beam weights-based analog beamforming. (The base station measures the configured and received type 1/hybrid and/or type 2/analog SRSs and transmits a TRI, which the UE receives [0608-0615 measurement and TRI indication for beamforming].)
Park discloses static and dynamic singling for hybrid and analog adaptive beamforming (The SRS may be triggered periodically [i.e. semi-statically, via RRC] or aperiodically [i.e. dynamically] [paragraphs 0015, 0350, 0361]. Beam capabilities singled but not capability for static or dynamic support [paragraph 0517].)
Park fails to disclose fails to disclose UE transmits a static or dynamic capability. In the same field of endeavor, Xiong discloses UE transmits a static or dynamic capability. (Xiong discloses that a UE may indicate the maximum number of SRS resource sets it supports for each time domain behavior for beamforming SRS transmission, with the time domain behavior being aperiodic/dynamic and static/semi-persistent/periodic, in the case of singling an integer 0, indicated as a a value of the MaxNumber SRS for static/periodic/semi-persistent and aperiodic/dynamic, the UE indicates it does not support static signaling and 1 or greater indicates support for static/dynamic signaling [paragraph 0043].)
Therefore, since Xiong discloses indication of static or dynamic capabilities, it would have been obvious to a person of ordinary sill in the art before the effective filing date of the invention to combine the static/dynamic capability signaling of Xiong with the system of Park by having the UE signal the capability to support static or dynamic signaling for the beamforming methods, such as the hybrid beamforming and adaptive beam weights-based analog beamforming of Park such that the system of Park may select the appropriate type based on the UE capabilities. The motive to combine is to allow the base station to improve compatibility by allowing it to operate with UEs only supporting only one of static or dynamic indications for beamforming reference signals.
Regarding claims 12 and 33, Park discloses receiving the third control message indicating the rank indicator associated with the hybrid beamforming based at least in part on transmitting the first set of reference signals and the second set of reference signals. (The base station measures the configured and received type 1/hybrid and type 2/analog SRSs and transmits a TRI for hybrid/precoded beamforming, the hybrid configuration depends on both SRIs as it is an incremental beam refinement [0608-0615 measurement and TRI indication for beamforming][paragraphs 0592-606, in particular 0603 in class C SRS non-precoded resources are first used [i.e. first set of reference signal resources] followed by precoded SRS resources [i.e. a second set of reference signal resources] for incremental beam refinement].)
Regarding claims 13 and 34, Park discloses receiving the third control message indicating one or more parameters for a power control loop associated with the hybrid beamforming. (The configuration for the beam transmission include power control setting indicated via the selected codebook for hybrid beamforming [0421-0422 – codebook configured transmission power for the precoder used in hybrid beamforming; 0619 – codebook configured to UE; 0601 - in response to transmitted SRS, codebook selected for hybrid beamforming (including the associated power); 0079 – power periodically updated indicating control loop)
Regarding claims 14 and 35, Park discloses transmitting an uplink data message in accordance with the hybrid beamforming (Park discloses that PUSCH uplink data transmissions are carried out in accordance with selected rank information [paragraph 0375, 0549, 0555-0556].)
Regarding claim 18, Park discloses revieve the second control message indicating a first set of sounding reference signal resources and a second set of sounding reference signal resources, wherein the first set of reference signals is a first set of sounding reference signals, and the second set of reference signals is a second set of sounding reference signals (The UE is configured with SRS resources [via a second control message transmitted by the base station and received by the UE] for type 1/non-precoded SRS transmission and type2/precoded transmission [0511-00527, in particular 0514 – type 1 resources is precoded/hybrid, type 2 is analog; note that a “type 1” resources are different from a “type 1” UE.] [0592-606, in particular 0603 in class C SRS non-precoded resources are first used [i.e. first set of reference signal resources] followed by precoded SRS resources [i.e. a second set of reference signal resources].)
Allowable Subject Matter
Claims 2, 6-8, 11, 15-17, 26, 30, 32 and 36 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.
The following is a statement of reasons for the indication of allowable subject matter:
As an initial matter, all of the objected claims relate to a particular deficiency in the prior art of record, in particular Park. That is, the system of Park is directed to a two stage beam refinement in which a first analog beam set is sent via the first SRS followed by a subsequent refined beam sent via hybrid beamforming. An important distinction with reference to the present invention is that the refinement system of Park, which is the only embodiment to use both analog and hybrid beamforming together, will only ever result in ultimate data transmission using the refine hybrid beamforming weights whereas the present invention allows selection of either analog beamforming or hybrid beamforming for transmission. Therefore, embodiments that require or relate to ultimate data transmission on an analog beam are not taught by the prior art of Park. Furthermore, no other art teaching this limitation could be located.
Regarding claims 2, 11, 26 and 32, the prior art fails to teach, suggest or disclose a preference indicator between hybrid and analog beamforming, as there is no need for a preference when analog beamforming is not an option.
Regarding claims 6, 15, 30 and 36, the prior art fails to teach, suggest or disclose receiving the third control message indicating the rank indicator associated with the adaptive beam weights-based analog beamforming based at least in part on transmitting the first set of reference signals and the second set of reference signals. That is, as the rank indicator is associated with both the first/analog and second/beamformed set of reference signals, it is not taught by Park as the analog beam is not refined based on the beamformed set of reference signals since the analog beam is not refined since is not used for further data transmission.
Regarding claims 7, 8, 16 and 17, the claims depend from claims 6 and 15 and are allowable for at least the reasons stated with respect to claims 6 and 15, supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ahn, et al. (WIPO Publication No. 2018/128404 A1) – disclosing static/dynamic SRS with analog and hybrid beamforming in a beam refinement similar to Park
Kang, et al. (US Pre Grant Publication No. 2020/0177266) – disclosing hardware designed for both hybrid and analog beamforming
Kwak, et al. (US Pre Grant Publication No. 2020/0245166) – disclosing beam configuration for analog and hybrid beams
Jann, et al. (US Pre Grant Publication No. 2021/0391853) – disclosing hardware for both analog and hybrid beamforming
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M CRUTCHFIELD whose telephone number is (571)270-3989. The examiner can normally be reached 9am-5pm M-F.
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/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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