DETAILED ACTION
1. It is hereby acknowledged that 18/068261 the following papers have been received and placed of record in the file: Amendment date 10/09/25
2. Claims 1-20 are presented for examination. Claims 1-2, 6-20 have been amended.
Response to Argument
3. Applicant’s arguments, see remarks, filed 10/09/25, with respect to the rejection(s) of claim(s) 1-20 upon further consideration, a new ground(s) of rejection is made (Please see below).
Claim Objections
4. Claims 1-20 are objected to because of the following informalities: Claims 1 and 15 state… wherein the broadband cellular communications are facilitated with carrier aggregation of a primary cell and a secondary cell …., Claim 9 states… wherein the broadband cellular communications are facilitated with carrier aggregation enabled for of the primary cell and a secondary cell…
It is unclear what is meant by these limitations. Are the primary and secondary cells being combined or something else. See specification paragraph [0024]. Appropriate correction is required.
Claim Rejections - 35 USC § 102
5.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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6.Claim(s) 9-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by XU (WO2021/243481)
Regarding claim 9, XU teaches a method, comprising: after attaching to a base station that is configured to facilitate broadband cellular communications, receiving, by a system comprising at least one processor, a first message [[to]] from the base station indicative of modifying a first number of demodulation reference signal positions that was established as part of a connection setup to a second number of demodulation reference signal positions with respect to a primary cell, wherein the broadband cellular communications are facilitated with carrier aggregation enabled for of the primary cell and a secondary cell; (see XU Fig. 3A-3B, 4-6 paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings) receiving, by the system, a second message [[to]] from the base station indicative of the first number of demodulation reference signal positions being modified to the second number of demodulation reference signal positions with respect to the secondary cell;(see XU paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings) and conducting, by the system, the broadband cellular communications with the base station according to the second number of demodulation reference signal positions. (see XU figure 3B steps 325 and 335 paragraphs [0064], [0105], [0106], [0109]-[0110] explains DMRS setting of the PDSCH for multiple slots)
Regarding claim 10, XU taught the method of claim 9, as described above. XU further teaches comprising: 10. as part of the attaching to the base station, receiving, by the system and from the base station, a radio resource control setup message that indicates that the base station supports modification of the first number of demodulation reference signal positions after attaching to the base station. (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 11, XU taught the method of claim 10, wherein an information element of the radio resource control setup message indicates that the base station supports the modification of the first number of demodulation reference signal positions after attaching to the base station. (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 12, XU taught the method of claim 9, further comprising: before receiving the first message [[to]] from the base station indicative of modifying the first number of demodulation reference signal positions, sending, by the system and to the base station, a user equipment capability message that indicates support for modification of the first number of demodulation reference signal positions after attaching to the base station. (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings
Regarding claim 13, XU taught the method of claim 12, wherein an information element of the user equipment capability message indicates the support for the modification of the first number of demodulation reference signal positions after attaching the to the base station. (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 14, XU taught the method of claim 9, further comprising: before receiving the first message [[to]] from the base station indicative of modifying the first number of demodulation reference signal positions, receiving, by the system, a radio resource control reconfiguration message that indicates that the base station supports modification of the first number of demodulation reference signal positions after attaching to the base station. (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 15, XU teaches a non-transitory computer-readable medium comprising instructions that, in response to execution, cause a system comprising a processor to perform operations, comprising: after attaching to a base station that is configured to facilitate broadband cellular communications, receiving a first message [[to]] from the user equipment base station indicative of a modified number of demodulation reference signal positions that was established as part of a connection setup with respect to a primary cell, wherein the broadband cellular communications employ are facilitated with carrier aggregation of the primary cell and a secondary cell; (see XU Fig. 3A-3B, 4-6 paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings) receiving a second message [[to]] from the user equipment base station indicative of the modified number of demodulation reference signal positions with respect to the secondary cell; (see XU paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings) and conducting the broadband cellular communications with the base station according to the modified number of demodulation reference signal positions. (see XU figure 3B steps 325 and 335 paragraphs [0064], [0105], [0106], [0109]-[0110] explains DMRS setting of the PDSCH for multiple slots)
Regarding claim 16, XU taught the non-transitory computer-readable medium of claim 15, wherein the first message from the base station indicative of the modified number of demodulation reference signal positions comprises a downlink control information message in a 1_1 format, and wherein the first message indicates that the base station supports modifying demodulation reference signal positions in downlink communications. (see XU Fig. 3A-3B, 4-6 paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 17, XU taught the non-transitory computer-readable medium of claim 15, wherein the first message from the base station indicative of the modified number of demodulation reference signal positions comprises a downlink control information message in a 0_1 format, and wherein the first message indicates that the base station supports modification of demodulation reference signal positions in uplink communications. (see XU Fig. 3A-3B, 4-6 paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 18, XU taught the non-transitory computer-readable medium of claim 15, wherein the modified number of demodulation reference signal positions is configured for uplink communications of the broadband cellular communications, and wherein the receiving the first message from the base station is performed in response to sending uplink data to the base station. (see XU Fig. 3A-3B, 4-6 paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 19, XU taught the non-transitory computer-readable medium of claim 18, wherein the uplink data indicates that an uplink signal-to-noise ratio metric does not satisfy a threshold associated with a predetermined quality criterion for a defined amount of time, wherein a cyclic redundancy check that corresponds to the uplink data has failed or is failing, wherein the uplink data indicates that the system is connected to edge network equipment of a cellular network via which the broadband cellular communications are conducted, or wherein the uplink data indicates that the system satisfies a defined physical movement criterion. (see XU Fig. 3A-3B, 4-6 paragraph [0058]-[0067], [0075] explains Each CC may have a corresponding configuration, such as configuration parameters/settings)
Regarding claim 20, XU taught the non-transitory computer-readable medium of claim 15, wherein the modified number of demodulation reference signal positions is applicable for downlink communications of the broadband cellular communications, and wherein the receiving the first message from the base station is performed in response to sending downlink data [[from]] to the user equipment base station. (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings)
Claim Rejections - 35 USC § 103
7. 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) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
8. Claims 1-8 are rejected under 35 U.S.C. §103 as being unpatentable over XU (WO2021/243481) in view of Cosimini et al(US 2016/0127932A1),
Regarding claim 1, XU teaches a system, comprising: at least one processor; and at least one memory coupled to the at least one processor, comprising instructions that cause the at least one processor to perform operations comprising: configuring a first number of demodulation reference signal positions in radio resource control information as part of a connection setup with a base station that is configured to facilitate broadband cellular communications, (see XU Fig. 3A-3B, 4-6 paragraphs [0057]-[0069],[0105] explains default DMRS setting ) wherein the broadband cellular communications are facilitated with carrier aggregation of a primary cell and a secondary cell;(see XU paragraphs [0057]-[0069],[0075] ) after attaching to the base station, receiving a first message [[to]] from the base station indicative of modifying the first number of demodulation reference signal positions to a second number of demodulation reference signal positions for first communications via the primary cell; (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings) receiving a second message [[to]] from the base station indicative of modifying the first number of demodulation reference signal positions to the second number of demodulation reference signal positions for communications via the secondary cell; (see XU paragraphs [0058]-[0069],[0075] explains each cc may have a corresponding configuration, such as configuration parameters/settings) and conducting the broadband cellular communications with the base station according to the second number of demodulation reference signal positions, wherein a throughput of the broadband cellular communications is determined based on the second number of demodulation reference signal positions. (see XU figure 3B steps 325 and 335 paragraphs [0064], [0105], [0106], [0109]-[0110] explains DMRS setting of the PDSCH for multiple slots)
XU does not explicitly disclose determined as a function of a size of a transport block set
However Cosiminin explains an example of determine throughput as a function of size of a transport block set (see paragraphs [0090]-[0095])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine XU with Cosimini’s telecommunications networks. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve throughput in a network (see paragraph [0002]).
Regarding claim 2, the modified XU taught the system of claim 1, as described above. The modified XU further teaches wherein a group of secondary cells that comprises the secondary cell is activated with respect to the system. (see XU paragraphs [0072],[0075] explains CCs and more CCs and Cell Id for CC)
Regarding claim 3, the modified XU taught the system of claim 2, as described above. The modified XU further teaches wherein the second message is indicative of modifying the first number of demodulation reference signal positions to the second number of demodulation reference signal positions for each secondary cell of the group of secondary cells. (see XU paragraphs [0072],[0075])
Regarding claim 4, the modified XU taught the system of claim 2, as described above. The modified XU further teaches wherein each secondary cell of the group of secondary cells is configured to use a same number of demodulation reference signal positions. (see XU paragraph [0072],[0075])
Regarding claim 5, the modified XU taught the system of claim 2, as described above. The modified XU further teaches wherein the group of secondary cells comprises a first subgroup of secondary cells for which additional demodulation reference signal positions are enabled, and a second subgroup of secondary cells for which the additional demodulation reference signal positions are not enabled, and wherein the second message is indicative of modifying the first number of demodulation reference signal positions to the second number of demodulation reference signal positions for each secondary cell of the first subgroup of secondary cells, and further indicative of an absence of modifying the first number of demodulation reference signal positions to the second number of demodulation reference signal positions for each secondary cell of the second subgroup of secondary cells. (see XU paragraph [0072],[0075])
Regarding claim 6, the modified XU taught the system of claim [1]] 2, as described above. The modified XU further teaches wherein the second message is configured according to a first format in response to a number of secondary cells in the group of secondary cells that comprises message the secondary cell being determined to be less than or equal to a threshold applicable to secondary cells.
(see XU paragraph [0060]-[0071], [0075] claims 5-8)
Regarding claim 7, the modified XU taught the system of claim 6, as described above. The modified XU further teaches wherein an information element of the downlink control information message indicates modifying the first number of demodulation reference signal positions to the second message is configured according to a second format in response to the number of secondary cells in the group of secondary cells that comprises the secondary cell being determined to be greater than the threshold. (see XU paragraph [0060]-[0071], [0075] claims 5-8)
Regarding claim 8, the modified XU taught the system of claim [[6]] , as described above. The modified XU further teaches wherein the threshold is a first threshold, and wherein configuring the second message according to the second format is performed in response to the number of secondary cells being determined to be less than or equal to a second threshold. (see XU paragraph [0060]-[0071], [0075] claims 5-8)
9. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD A SMARTH whose telephone number is (571)270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-7784. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD A SMARTH/Primary Examiner, Art Unit 2478