DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
2 This instant Office Action is in response to RCE filed on 11/3/2025.
3. This Office Action is made Non-Final necessitated by RCE.
4. Claims 1-5 are pending.
Response to Arguments
5. Applicant’s arguments with respect to claims have been fully considered but are moot because of the new ground of rejection set forth with at least one new reference as necessitated by amendment in RCE.
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.
1. Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong et al. US 20210092759 hereafter Xiong in view of Xiao et al. US 20220330258 hereafter Xiao (Note Foreign Priority CN 201910828953Xa includes support for disclosure).
As to Claim 1. (Currently Amended) Xiong discloses a terminal [i.e. UE/User Equipment] comprising [Fig. 11A, Section 0120: Fig. 11A diagram of modules can be implemented in or by a UE]:
a processor [Network Controller Circuitry-11135; Section 0130: The network controller circuitry-11135 include processors to communicate using protocols] configured to control predetermined communication, which uses a same antenna port [Fig. 11A, Sections 0032, 0061: A single antenna ports applied for transmission of scheduled PUSCHs (i.e. channel for transmitting TBs/data and considered predetermined communication). The scheduled PDSCH/PUSCH predefined (i.e. predetermined) for configured by higher layer], for transmitting two or more transport blocks by using frequency division multiplexing [Figs. 9A-C, 11A, Sections 0185, 0190, 0268: A UE receiving downlink control information (DCI) message to schedule shared channels with different transport blocks (TBs). Transmitting, by the UE, one or more physical uplink shared channels (PUSCH) which are scheduled by DCI. The embodiments and examples discussed herein includes FDM (Frequency division multiplex). Note: the scheduled PUSCH is attributed as predetermined/predefined communication see 0061];
and a receiver [RFEM/Antenna-11115] configured to receive downlink control information [i.e. DCI] used for the predetermined communication [Figs. 9B-C, 11A, Sections 0025, 0185: A physical downlink control channel (PDCCH) carrying downlink control information (DCI) used to schedule one or more physical uplink shared channel (PUSCH) with different transport block (TBs). A UE receiving downlink control information (DCI) message to schedule shared channels with different transport blocks (TBs) wherein the shared channels include (PUSCHs). Note: the scheduled PUSCH is attributed as predetermined/predefined communication see 0061],
wherein the processor [Network Controller Circuitry-11135] controls the predetermined communication based on the downlink control information [Fig. 11A, Sections 0025, 0190: DCI used to schedule one or more physical uplink shared channel (PUSCH) with different transport block (TBs). Transmitting, by the UE, one or more physical uplink shared channels (PUSCH) which are scheduled by the DCI. Note: the scheduled PUSCH is attributed as predetermined/predefined communication see 0061],
and wherein each transport block [i.e. PUSCHs] of the two or more transport blocks is transmitted in a different frequency [Sections 0060, 0109, 0110, 0195: In one embodiment, the frequency resource for the multiple scheduled PUSCHs (i.e. TBs) could be designed separately. The bandwidths and carriers can be different for DL/downlink and UL/uplink. CA comprises different frequency bands and UE have different PUSCH (i.e. TB/data transmission) starting positions. DCI schedule M PUSCHs where N TBs mapped to PUSCH];
Although, Xiong discloses frequency assignment in the DCI for scheduled PDSCHs/PUSCHs (0031); and modulation and coding scheme (MCS) field included in the DCI for the scheduled PDSCHs/PUSCHs (see 0043), it does not specifically state frequency and MCS selected based on channel quality indicator; thus does not explicitly state and the downlink control information comprises a transmission frequency and a modulation and coding scheme selected based on a channel quality indicator of the frequency to which each transport block is transmitted.
However, Xiao teaches and the downlink control information [i.e. DCI/PDCCH] comprises a transmission frequency and a modulation and coding scheme [i.e. MCS] selected based on a channel quality indicator of the frequency to which each transport block is transmitted [Sections 0032, 0054, 0073, 0231: To transmit data, PUSCHs is uses and M physical uplink channels (i.e. PUSCHs) for transmitting physical uplink data at different transmission carriers/sub-bands (i.e. frequency); for example, M PUSCHs include channel resources for transmitting uplink data or transport blocks. The base station configures the M pieces of downlink control information (DCI) received by the terminal includes and indicates CSI (i.e. channel state information/indication) and MCS of PUSCHs transmitted of one or more fields in the DCI. The value of the carrier/bandwidth part (i.e. frequency) indicator field in the DCI determined of the value of the CSI corresponds to the PUSCH (i.e. TBs). Transmission represents that transport blocks transmitted in the M physical uplink shared channels].
Therefore, it would have been obvious to one skilled in the art before the effective filing date to have combined the method of Xiong relating to a UE receiving from base station a DCI (downlink control information) that includes frequency assignment and MCS (modulation and coding scheme) fields in the scheduling and can transmit TBs/PUSCHs (at least two) on separate/different/multiple bandwidths/carriers/frequency with the teaching of Xiao relating to the base station scheduling DCI for terminal/UE indicating fields/selection of carrier/bandwidth and MCS based on CSI/CQI information related to channel frequency. By combining the methods/systems it enables the UE to determine transmission parameters and utilize frequency resources for transmitting uplink data/TBs via multiple PUSCH.
As to Claim 2. (Previously Presented) Xiong discloses the terminal [i.e. User Equipment-UE] according to claim 1, wherein the receiver [RFEM/Antenna-11115; Fig. 11A] receives, as the downlink control information [i.e. DCI] used for the predetermined communication [Section 0061: The scheduled PDSCH/PUSCH could be predefined (i.e. predetermined) for configured by high layer], multiple downlink control information respectively corresponding to the two or more transport blocks [Sections 0068, 0076, 0185: Assuming a multi-TTI DCI (multiple DCI) could schedule maximum N TBs (i.e. N TBs signifies at least two TB) and schedules PDSCH transmissions. The maximum number of TBs which are scheduled by such DCIs (i.e. multiple DCI). A UE receiving downlink control information (DCI) message to schedule shared channels with different transport blocks (TBs) wherein the shared channels include (PUSCHs)].
As to Claim 3. (Previously Presented) Xiong discloses the terminal according to claim 1, wherein the receiver [RFEM/Antenna-11115; Fig. 11A] receives, as the downlink control information [i.e. DCI] used for the predetermined communication [Section 0061: The scheduled PDSCH/PUSCH could be predefined (i.e. predetermined) for configured by high layer], single downlink control information common to the two or more transport blocks[Fig. 3, Sections 0027, 0029: PUSCHs with different transport blocks (TB) are scheduled by a single DCI. In the DCI for scheduling multiple PDSCHs/PUSCHs with different TBs, some fields in the DCI maybe common for the scheduling of multiple PDSCHs and/or PUSCHs].
As to Claim 4. (Previously Presented) Xiong discloses the terminal according to claim 3, wherein the single downlink control information includes, in addition to an information element [i.e. field/value/NDI] used for a first transport block included in the two or more transport blocks [Sections 0037, 0205: Note that in cases where two TBs are scheduled, NDI may be included in the DCI for each TB of the scheduled PDSCH and/or PUSCH. And further one field in the DCI may be used to explicitly indicate value associated with TBs],
any one or more of an information element indicating whether the predetermined communication is applied, an information element indicating a channel bandwidth used for the predetermined communication, and an information element used for a second transport block other than the first transport block [Note: The phrase “any one or more of” is an alternative language thus one limitation was selected. Sections 0030, 0221, 0236: In one option, carrier indicator and bandwidth part (BWP) indicator (i.e. information element for channel bandwidth) is used for scheduled PDSCHs/PUSCHs with different TBs. A method wherein a bandwidth part (BWP) indicator (i.e. information element for channel bandwidth) indicated in the DCI. For example, a plurality of fields within the DCI are used for example bandwidth part (BWP) indicator indicated in the DCI for multiple shared channels. Note: the scheduled PUSCH is attributed as predetermined/predefined communication see 0061].
2. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over
Xiong et al. US 20210092759 hereafter Xiong in view of Xiao et al. US 20220330258 hereafter Xiao and in further view of Alvarino et al. US 20200350949 hereafter Alvarino.
As to Claim 5. (Previously Presented) Xiong discloses the terminal according to claim 3, wherein the processor [Network Controller Circuitry-11135, Fig. 11A, Sections 0130, 0185: The network controller circuitry-11135 include processors to communicate using protocols. A UE receiving downlink control information (DCI) message to schedule shared channels with different transport blocks (TBs) wherein the shared channels include (PUSCHs). Note: the scheduled PUSCH is attributed as predetermined/predefined communication see 0061]
The combination of Xiong and Xiao do not explicitly state changes interpretation of the single downlink control information, when the predetermined communication is designated to be applied by an upper layer parameter.
However, Alvarino teaches changes interpretation of the single downlink control information, when the predetermined communication is designated to be applied by an upper layer parameter [Sections 0176, 0231-0232: The wireless communications system-100 may be a packet-based network that operate according to a layered protocol stack which includes upper and lower layers operating in UE and BS. The contents of the DCI and their interpretation depend on configuration for additional parameters. The UE support for uplink transmissions is configured according to a TB (transport block) size parameter, which may enable change of the interpretation of the DCI].
Therefore, it would have been obvious to one skilled in the art before the effective filing date to have combined the method of Xiong relating to a UE receiving DCI (downlink control information) scheduling TBs for predetermined communication and the method of Xiao relating to the base station scheduling DCI for terminal/UE indicating fields/selection of carrier/bandwidth and MCS based on CSI/CQI information related to channel frequency with the teaching of Alvarino relating to UE changing the interpretation of the DCI, and the contents of DCI and interpretation of DCI depend on parameters such as transport block size. By combining the methods/systems, the UE can change the interpretation of DCI for communication based on transmission parameters thereby enabling the UE to support different allocations of resources for communication as suggested by Alvarino.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: HWANG et al. US 20220191899. Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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November 21, 2025
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477