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 04/08/2026 have been fully considered but they are not persuasive. Applicant’s arguments on page 12 and 13 are generally mis-characterization of the JI reference. In fact, all of Applicant’s arguments are based on piecemeal-mis-contextualization, as explained below:
In the middle of page 13, Applicant alleges Ji does not teach a second configuration because Ji does not teach multicast signaling. This is incorrect. Ji teaches multicasting, for example, MBSFN. Certain some signal is involved for MBSFN, well established in the art. Also claim only requires a configuration for use by a UE for multicasting. It does not define any metes or bounds of this configuration. For communication to take place, some agreed upon configuration has to exist. And indeed, Ji mentions configuration throughout its disclosure. Because the constitution of the configuration is not defined, it could be anything.
Also on page, 13, applicant alleges Ji does not teach a configuration for multicast signal. This is incorrect because simply that is in the claims. Claim only requires a second configuration for use by a first user equipment (UE). In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a configuration for multicast signal) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
On page, Applicant alleges the prior in combination do not teach the last two receiving steps of claim 1. Chen teaches activation command. JI also teaches activation command (Ji, Table 39) Regarding the word “activated”, its meaning is not apparent. It could be interpreted as turn on or channel is open. In any cases, Ji teaches CSI reporting in many paragraphs, clearly CSI-RS are active or in other words is being activated.
Applicant is asked to please understand the prior art references of Chen and Ji as a whole and understand technology context of these prior art references. Examiner cites a limited number of paragraphs, and the assumption is the Applicant would read these paragraphs in light of the specification of JI and Chen as a whole, as opposed to out of context by reading only the paragraphs cited.
In this case, Ji teaches triggering/activation of CSI Reporting for possible CSI-RS configurations, see Table 39, TS 38.321. Ji also teaches these commands are meant to be communicated between UE and gNB. Examiner originally cited PP261, that discloses DCI formats and DCI fields. These fields and formats readily refer to Table 39, as appreciated by anyone reading the Ji reference in its entirely as opposed to a piecemeal-mis-contextualization.
Finally, regarding the limitation receiving the multicast signaling … by rate matching. Applicant readily admits that Ji teaches a rate matching indicator (page 14, lines 1-3). Applicant failed to draw the connection that a rating matching indicator could be an activation command that activates rate matching. Because the claim does not define the way rating matching is activated through an activation command, the indicator of Ji could be an activation. It is further obvious to modify the activation command of Chen with an indicator of JI, as previously stated in the non-final rejection, for the benefit of correctly receiving a multicast signal. Also rating matching is so fundamental to modern telecommunication, it is often required for basic wireless communication.
In sum, Ji teaches receiving multicast signals, Ji teaches rating matching based on an indicator, which the indicator is obvious to combine into the activation command of Chen. Instead of piecemeal-mis-contextualizations, prior art references should be read and properly understood in light its specifications as a whole. For the foregoing reasons, Applicant’s arguments are not persuasive.
Response to Amendment
Claims 1 to 30 are pending.
Claims 1, 3, 10, 16, 18, 23, 27 to 30 are rejected.
Claims 2, 4-9, 11-15, 17, 19-22, 24-26 are objected.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3, 10, 16, 18, 23, 27 to 30 are rejected under 35 U.S.C. 103 as being unpatentable Chen, US 20140044040 A1 in view of Ji, US 2023/0344569.
Per claim 1, Chen teaches an apparatus for wireless communications, comprising: a processor; memory coupled with the processor (Fig. 8, Memory and Controller/Processor on both UE and eNB); and instructions stored in the memory and executable by the processor to cause the apparatus to:
receive, from a network device, a first message indicating a first configuration for a channel state information reference signal resource set to be activated by an activation command [Fig. 5, Step 514, PP60], wherein the channel state information reference signal resource set is for a channel state information reference signal [Fig. 5, Step 516 CSI-RS Configurations, PP60], the channel state information reference signal comprising a non-zero power channel state information reference signal or a zero-power channel state information reference signal;
[PP51 both non-zero-power CSI-RS configurations and zero power CSI-RS configurations are mentioned]
receive, from the network device, a second message [Fig. 5, Step 520] … and
receive the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. [PP52, teaches “For rate matching, the cell may avoid sending data for the physical channel on the data resource elements that overlap the CSI-RS resource elements. The cell may ensure that the amount of processed data to send is matched to the number of resource elements available to send the processed data”. By avoiding overlap in CSI-RS resources, the claim language at least in part on … around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal appear to read on this part of the prior art].
Chen does not teach indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling; and receive, from the network device, the activation command activating the channel state information reference signal resource set;
However, in the analogous art, Ji, Fig. 1 to Fig. 23, and all corresponding disclosure, teaches indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources (Ji, Fig. 16, PDSCH 16-01, PP260; PP67 for configuration … PDSCH; PP268 MSFBN) that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling (Ji, Fig. 3, BWP, PP71 and Table 2);
and receive, from the network device, the activation command activating the channel state information reference signal resource set (Ji, PP260; also PP202 CSI triggered or activated, Table 39).
Ji also teaches receive the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal (Ji, Fig. 16, PDSCH 16-01 and Rate match resource 16-02, PP261, 268)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention modify the teachings of Chen with the improvement of Ji, that efficiently transmit and receive a reference signal using resources in a wireless communication system [Ji, PP54].
For claim 3, Chen and Ji teach the apparatus of parent claim 1, transmit a medium access control (MAC) control element (CE) carried by a unicast downlink shared channel, the MAC CE including the activation command. (Chen PP58 teaches MAC, PP65 teaches multicast, Ji, PP72 teaches MAC CE).
For claim 10, Chen and Ji teach the apparatus of parent claim 1, transmit a medium access control (MAC) control element (CE) carried by the multicast downlink shared channel, the MAC CE including the activation command. (Chen PP58 teaches MAC, PP65 teaches unicast, Ji, PP72 teaches MAC CE).
Per claim 16, Chen teaches an apparatus for wireless communications, comprising: a processor; memory coupled with the processor (Fig. 8, Memory and Controller/Processor on both UE and eNB); and instructions stored in the memory and executable by the processor to cause the apparatus to: transmit a first message indicating a first configuration for a channel state information reference signal resource set to be activated by an activation command [Fig. 5, Step 514, PP60], wherein the channel state information reference signal resource set is for a channel state information reference signal [Fig. 5, Step 516 CSI-RS Configurations, PP60], the channel state information reference signal comprising a non-zero power channel state information reference signal or a zero-power channel state information reference signal;
[PP51 both non-zero-power CSI-RS configurations and zero power CSI-RS configurations are mentioned]
Transmit a second message [Fig. 5, Step 520] … and transmit the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. [PP52, teaches “For rate matching, the cell may avoid sending data for the physical channel on the data resource elements that overlap the CSI-RS resource elements. The cell may ensure that the amount of processed data to send is matched to the number of resource elements available to send the processed data”. By avoiding overlap in CSI-RS resources, the claim language at least in part on … around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal appear to read on this part of the prior art].
Chen does not teach indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling; and transmit, the activation command activating the channel state information reference signal resource set;
However, in the analogous art, Ji, Fig. 1 to Fig. 23, and all corresponding disclosure, teaches indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources (Ji, Fig. 16, PDSCH 16-01, PP260; PP67 for configuration … PDSCH; PP268 MSFBN) that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling (Ji, Fig. 3, BWP, PP71 and Table 2); and
transmit the activation command activating the channel state information reference signal resource set (Ji, PP260; also PP202 CSI triggered or activated, Table 39).
Ji also teaches transmit the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. (Ji, Fig. 16, PDSCH 16-01 and Rate match resource 16-02, PP261, 268)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention modify the teachings of Chen with the improvement of Ji, that efficiently transmit and receive a reference signal using resources in a wireless communication system [Ji, PP54].
For claim 18, Chen and Ji teach the apparatus of parent claim 16, transmit a medium access control (MAC) control element (CE) carried by a unicast downlink shared channel, the MAC CE including the activation command. (Chen PP58 teaches MAC, PP65 teaches multicast, Ji, PP72 teaches MAC CE).
For claim 23, Chen and Ji teach the apparatus of parent claim 16, transmit a medium access control (MAC) control element (CE) carried by the multicast downlink shared channel, the MAC CE including the activation command. (Chen PP58 teaches MAC, PP65 teaches unicast, Ji, PP72 teaches MAC CE).
Per claim 27, Chen teaches a method for wireless communication at a first UE, comprising: receive, from a network device, a first message indicating a first configuration for a channel state information reference signal resource set to be activated by an activation command [Fig. 5, Step 514, PP60], wherein the channel state information reference signal resource set is for a channel state information reference signal [Fig. 5, Step 516 CSI-RS Configurations, PP60], the channel state information reference signal comprising a non-zero power channel state information reference signal or a zero-power channel state information reference signal;
[PP51 both non-zero-power CSI-RS configurations and zero power CSI-RS configurations are mentioned]
receive, from the network device, a second message [Fig. 5, Step 520] … and
receive the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. [PP52, teaches “For rate matching, the cell may avoid sending data for the physical channel on the data resource elements that overlap the CSI-RS resource elements. The cell may ensure that the amount of processed data to send is matched to the number of resource elements available to send the processed data”. By avoiding overlap in CSI-RS resources, the claim language at least in part on … around a subset of the first set of resources , wherein the subset is allocated for the channel state information reference signal appear to read on this part of the prior art].
Chen does not teach indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling; and receive, from the network device, the activation command activating the channel state information reference signal resource set;
However, in the analogous art, Ji, Fig. 1 to Fig. 23, and all corresponding disclosure, teaches indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources (Ji, Fig. 16, PDSCH 16-01, PP260; PP67 for configuration … PDSCH; PP268 MSFBN) that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling (Ji, Fig. 3, BWP, PP71 and Table 2);
and receive, from the network device, the activation command activating the channel state information reference signal resource set (Ji, PP260; also PP202 CSI triggered or activated, Table 39).
Ji also teaches receive the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. (Ji, Fig. 16, PDSCH 16-01 and Rate match resource 16-02, PP261, 268)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention modify the teachings of Chen with the improvement of Ji, that efficiently transmit and receive a reference signal using resources in a wireless communication system [Ji, PP54].
For claim 28, Chen and Ji teach the method of parent claim 27, receiving a medium access control (MAC) control element (CE) carried by a unicast downlink shared channel, the MAC CE including the activation command. (Chen PP58 teaches MAC, PP65 teaches unicast, Ji, PP72 teaches MAC CE).
Per claim 29, Chen teaches a method for wireless communications at a network device, comprising: transmit a first message indicating a first configuration for a channel state information reference signal resource set to be activated by an activation command [Fig. 5, Step 514, PP60], wherein the channel state information reference signal resource set is for a channel state information reference signal [Fig. 5, Step 516 CSI-RS Configurations, PP60], the channel state information reference signal comprising a non-zero power channel state information reference signal or a zero-power channel state information reference signal;
[PP51 both non-zero-power CSI-RS configurations and zero power CSI-RS configurations are mentioned]
Transmit a second message [Fig. 5, Step 520] … and transmit the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. [PP52, teaches “For rate matching, the cell may avoid sending data for the physical channel on the data resource elements that overlap the CSI-RS resource elements. The cell may ensure that the amount of processed data to send is matched to the number of resource elements available to send the processed data”. By avoiding overlap in CSI-RS resources, the claim language at least in part on … around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal appear to read on this part of the prior art].
Chen does not teach indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling; and transmit, the activation command activating the channel state information reference signal resource set;
However, in the analogous art, Ji teaches indicating a second configuration for use by a first user equipment (UE) for multicast signaling via a multicast downlink shared channel over a first set of resources ((Ji, Fig. 16, PDSCH 16-01, PP260) that are included in a first bandwidth part allocated to the first UE for receiving the multicast signaling (Ji, Fig. 3, BWP, PP71 and Table 2); and transmit the activation command activating the channel state information reference signal resource set (Ji, PP260; also PP202 CSI triggered or activated, Table 39).
Ji also teaches transmit the multicast signaling from the network device by rate-matching, based at least in part on the activation command, around a subset of the first set of resources, wherein the subset is allocated for the channel state information reference signal. (Ji, Fig. 16, PDSCH 16-01 and Rate match resource 16-02, PP261, 268)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention modify the teachings of Chen with the improvement of Ji, that efficiently transmit and receive a reference signal using resources in a wireless communication system [Ji, PP54].
For claim 30, Chen and Ji teach the method of parent claim 29, wherein transmitting a medium access control (MAC) control element (CE) carried by a unicast downlink shared channel, the MAC CE including the activation command (Chen PP58 teaches MAC, PP65 teaches unicast, Ji, PP72 teaches MAC CE).
Allowable Subject Matter
Claims 2, 4-9, 11-15, 17, 19-22, 24-26 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: after exhaustive search, the claimed features of claims 2, 4-9, 11-15, 17, 19-22, 24-26 are not found in the prior art, or obvious to combine with existing art. Therefore, they are indicated as allowable.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charles C Jiang whose telephone number is (571)270-7191. The examiner can normally be reached Monday to Thursday 7 am to 5 pm Eastern Time.
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/CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
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