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 § 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.
Claims 21-24, 29-32, 36, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak et al (US 20160308647 A1)[R1].
For claim 21, R1 discloses receiving, by a second communication node, configuration information transmitted by a first communication node (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 receiving a reference signal from a base station), wherein the configuration information comprises the rank information (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20-21, Claim 1 receiving a reference signal from a base station which includes information for ranking); determining, by the second communication node, channel state information according to the rank information in the configuration information (abstract, paragraphs 7-10, 124, 136, 312, 317-319, Fig 20, 21, Claim 1 receiving a reference signal from a base station determining a channel state information on the basis on this received information); and reporting, by the second communication node, the determined channel state information to the first communication node (abstract, paragraphs 7-10, 124, 136, 312, 317-319, Fig 20-21, Claim 1, transmitting the determined rank information back to the base station).
For claim 22, R1 discloses the rank information is comprised in the configuration information in one of the following manners: a candidate resource set comprises N first sets, wherein each first set corresponds to a piece of the rank information, and N is a natural number; the candidate resource set corresponds to a piece of the rank information; or the rank information is comprised in configuration information of a second set related to the candidate resource set, wherein the second set comprises a channel state information (CSI) report set (abstract, paragraphs 7-10, 124, 136, 312, 317-319, Fig 20-21, Claim 1, receiving a reference signal from a base station which is a CSI reference signal, may be a set).
For claim 23, R1 discloses the rank information comprises one of following characteristics: the rank information is obtained through the indication information transmitted by the first communication node; the rank information corresponding to a set represents the maximum number of supportable layers corresponding to the set; the rank information corresponding to a set represents a number of supportable layers corresponding to the set; or selected rank information is obtained according to the N first sets, and is fed back to the first communication node (abstract, paragraphs 7-10, 124, 136, 312, 317-319, Fig 20-21, Claim 1, obtained by indication information from the base station).
For claim 24, R1 discloses the rank information is comprised in the configuration information in the following manner: a CSI-RS resource is configured in first configuration information, and the rank information corresponding to the CSI-RS resource is configured in second configuration information (abstract, paragraphs 7-10, 124, 136, 312, 317-319, Fig 20-21, Claim 1, receives a first configuration from a base station and transmitting the determined second configuration back to the base station).
For claim 29, R1 discloses transmitting, by a first communication node, configuration information to a second communication node (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 receiving a reference signal from a base station), wherein the configuration information comprises the rank information (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 receiving a reference signal from a base station used to identify a rank indication); and receiving, by the first communication node, channel state information transmitted by the second communication node, wherein the channel state information is determined by the second communication node according to the rank information in the configuration information (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 transmitting back CSI information determined from the rank information).
For claim 30, R1 discloses the rank information is comprised in the configuration information in one of the following manners: a candidate resource set comprises N first sets, wherein each first set corresponds to a piece of the rank information, and N is a natural number; the candidate resource set corresponds to a piece of the rank information; or the rank information is comprised in configuration information of a second set related to the candidate resource set, wherein the second set comprises a channel state information (CSI) report set (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 receiving a reference signal from a base station is a CSI report set).
For claim 31, R1 discloses the rank information comprises one of following characteristics: the rank information is obtained through the indication information transmitted by the first communication node; the rank information corresponding to a set represents the maximum number of supportable layers corresponding to the set; the rank information corresponding to a set represents a number of supportable layers corresponding to the set; or selected rank information is obtained according to the N first sets, and is fed back to the first communication node (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 receiving a reference signal from a base station).
For claim 32, R1 discloses the rank information is comprised in the configuration information in the following manner: a CSI-RS resource is configured in first configuration information, and the rank information corresponding to the CSI-RS resource is configured in second configuration information (abstract, paragraphs 7-10, 124, 136, 312, 317-319 Fig 20, 21, Claim 1 receiving a CSI-reference signal from a base station, transmitting back CSI and a rank indication).
For claim 36, R1 discloses a processor (paragraphs 44-46); and a memory for storing instructions executable by the processor (paragraphs 44-46), wherein the processor is configured to (paragraphs 44-46): receive configuration information transmitted by a first communication node, wherein the configuration information comprises the rank information; determine channel state information according to the rank information in the configuration information; and report the determined channel state information to the first communication node.
For claim 39, R1 discloses a processor (paragraphs 44-46); and a memory for storing instructions executable by the processor (paragraphs 44-46), wherein the processor is configured to implement the method of claim 29 ((abstract, paragraphs 7-10, 44-46, 124, 136, 312, 317-319 Fig 20, 21, 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.
Claims 25, 33, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over R1 in view of Nam et al (US 2014/0192917) [R2].
For claims 25, 33, and 37, R1 does not explicitly state the rank information is comprised in the configuration information in the following manner: the configuration information comprises rank information corresponding to a CSI-RS resource and port selection information corresponding to the rank information; wherein the port selection information represents X ports selected from ports comprised in the CSI-RS resource, and X is equal to the rank information. However, R2 discloses the rank information is comprised in the configuration information in the following manner: the configuration information comprises rank information corresponding to a CSI-RS resource and port selection information corresponding to the rank information; wherein the port selection information represents X ports selected from ports comprised in the CSI-RS resource, and X is equal to the rank information (paragraphs 11-12 CSI-RS information is used to identify a rank indication and a selected port number of ports where the selected number of ports is equal to the rank indication). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use the rank information is comprised in the configuration information in the following manner: the configuration information comprises rank information corresponding to a CSI-RS resource and port selection information corresponding to the rank information; wherein the port selection information represents X ports selected from ports comprised in the CSI-RS resource, and X is equal to the rank information taught by R2. The rationale to combine would be to use a known method in a known device and to allow for more efficient feedback configuration.
Claims 26-28, 34-35, 38, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over R1 in view of Kim et al (US 20150036612 A1) [R3].
For claims 26, R1 does not explicitly state determining a candidate resource set and a channel quality threshold, selecting M resources from the candidate resource set according to the channel quality threshold, and transmitting indication information of the selected M resources and information of M to the first communication node, wherein M is a positive integer or equal to 0.
However, R3 discloses determining a candidate resource set and a channel quality threshold, selecting M resources from the candidate resource set according to the channel quality threshold, and transmitting indication information of the selected M resources and information of M to the first communication node, wherein M is a positive integer or equal to 0 (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use determining a candidate resource set and a channel quality threshold, selecting M resources from the candidate resource set according to the channel quality threshold, and transmitting indication information of the selected M resources and information of M to the first communication node, wherein M is a positive integer or equal to 0 taught by R3. The rationale to combine would be to use a known method in a known device and to allow for more efficient feedback configuration.
For claim 27, R3 discloses a value of M is determined in the following manners: determining the value of M according to the channel quality threshold agreed with the first communication node; and determining the value of M according to M_Max, wherein M_Max is a value agreed with the first communication node, and the value of M agreed with the first communication node is less than or equal to M_Max. (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE, M-Max is the same value as M which is allowed by the claim language).
For claim 28, R3 discloses the transmitting the information of M to the first communication node comprising: in response to channel quality of each of all resources in the candidate resource set being less than the channel quality threshold, reporting the information of M which is equal to 0 to the first communication node (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE, the UE only reports the CSI-RSs which are higher than the threshold). Or, in the alternative, Examiner takes Official Notice that the use of reporting that none of the resources meet a quality threshold was common and well known in the art prior to the effective filing date of the invention. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to report that none of the resources meet the quality threshold. The rationale to combine would be to avoid delays and increasing efficiency.
For claim 34, R1 does not explicitly state receiving, by the first communication node from the second communication node, indication information of a selected M resources and information of M; wherein M is a positive integer or equal to 0, wherein the M resources are selected by the second communication node from a candidate resource set according to the channel quality threshold. However, R3 discloses receiving, by the first communication node from the second communication node, indication information of a selected M resources and information of M; wherein M is a positive integer or equal to 0, wherein the M resources are selected by the second communication node from a candidate resource set according to the channel quality threshold. (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use receiving, by the first communication node from the second communication node, indication information of a selected M resources and information of M; wherein M is a positive integer or equal to 0, wherein the M resources are selected by the second communication node from a candidate resource set according to the channel quality threshold taught by R3. The rationale to combine would be to use a known method in a known device and to allow for more efficient feedback configuration.
For claim 35, R3 discloses in response to M is equal to 0, obtaining, by the first communication node, that channel quality of each of all resources in the candidate resource set is less than an agreed threshold (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE, if none are higher than none are reported). Or, in the alternative, Examiner takes Official Notice that the use of reporting that none of the resources meet a quality threshold was common and well known in the art prior to the effective filing date of the invention. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to report that none of the resources meet the quality threshold. The rationale to combine would be to avoid delays and increasing efficiency.
For claim 38, R1 does not explicitly state determine a candidate resource set and a channel quality threshold, select M resources from the candidate resource set according to the channel quality threshold, and transmit indication information of the selected M resources and information of M to the first communication node, wherein M is a positive integer or equal to 0; in response to channel quality of each of all resources in the candidate resource set being less than the channel quality threshold, report the information of M which is equal to 0 to the first communication node. R3 discloses determine a candidate resource set and a channel quality threshold, select M resources from the candidate resource set according to the channel quality threshold, and transmit indication information of the selected M resources and information of M to the first communication node, wherein M is a positive integer or equal to 0; in response to channel quality of each of all resources in the candidate resource set being less than the channel quality threshold, report the information of M which is equal to 0 to the first communication node (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use determine a candidate resource set and a channel quality threshold, select M resources from the candidate resource set according to the channel quality threshold, and transmit indication information of the selected M resources and information of M to the first communication node, wherein M is a positive integer or equal to 0; in response to channel quality of each of all resources in the candidate resource set being less than the channel quality threshold, report the information of M which is equal to 0 to the first communication node taught by R3. The rationale to combine would be to use a known method in a known device and to allow for more efficient feedback configuration. Or, in the alternative, Examiner takes Official Notice that the use of reporting that none of the resources meet a quality threshold was common and well known in the art prior to the effective filing date of the invention. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to report that none of the resources meet the quality threshold. The rationale to combine would be to avoid delays and increasing efficiency.
For claim 40, R1 does not explicitly state receive indication information of a selected M resources and information of M from the second communication node, wherein M is a positive integer or equal to 0, wherein the M resources are selected by the second communication node from a candidate resource set according to the channel quality threshold; in response to M is equal to 0, obtain that channel quality of each of all resources in the candidate resource set is less than an agreed threshold. R3 discloses receive indication information of a selected M resources and information of M from the second communication node, wherein M is a positive integer or equal to 0, wherein the M resources are selected by the second communication node from a candidate resource set according to the channel quality threshold; in response to M is equal to 0, obtain that channel quality of each of all resources in the candidate resource set is less than an agreed threshold (paragraphs 144, 149-152, 163 UE reports back the M CSI-RSs received with is higher than a predetermined threshold for quality, the threshold is which is signaled to the UE, if equal to zero, no ). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to receive indication information of a selected M resources and information of M from the second communication node, wherein M is a positive integer or equal to 0, wherein the M resources are selected by the second communication node from a candidate resource set according to the channel quality threshold; in response to M is equal to 0, obtain that channel quality of each of all resources in the candidate resource set is less than an agreed threshold taught by R3. The rationale to combine would be to use a known method in a known device and to allow for more efficient feedback configuration. Or, in the alternative, Examiner takes Official Notice that the use of reporting that none of the resources meet a quality threshold was common and well known in the art prior to the effective filing date of the invention. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to report that none of the resources meet the quality threshold. The rationale to combine would be to avoid delays and increasing efficiency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sun et al (US 2018/0352570) discloses data transmission with feedback; Wu et al (US 2016/0197662); Zhang et al (US 2015/0139136); Kim et al (US 2015/0117355) discloses feeding back Channel state information with second feedback.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R CROMPTON whose telephone number is (571)270-3678. The examiner can normally be reached 10AM-4PM ET M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571)272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R CROMPTON/Primary Examiner, Art Unit 2463