Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 5-9, 11-15, and 17-21, is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Zhang et al. (US 2010/0195624 A1).
Regarding claim 5, 11, and 17, Zhang discloses:
a user equipment, communications device for a user equipment (par.[0005] describes a mobile station), comprising:
a circuitry (par.[0005] describes a user equipment, implicit that the UE comprises circuitry) which is configured to perform:
a communication method performed by a User Equipment (par.[0005] discloses a mobile station), the method comprising:
generating a Channel Quality Indicator (CQI) (fig.2 depicts hardware capable of generating a CQI for uplink transmission);
generating Rank Information (RI) (fig.2 depicts hardware capable of generating a RI for uplink transmission);
transmitting the CQI through the Physical Uplink Shared Channel (PUSCH) (par.[0083 – 0084] describe the layer with largest MCS level, which in this case is the first layer has the control information mapped thereto, fig.8 depicts a first layer with a first set of resource elements on the first layer comprising CQI, wherein the first layer comprises a first set of resource elements) using a first layer (par.[0084] describes a first layer) with a first Modulation and Coding Scheme (MCS) level (par.[0084] describes the highest MCS value, e.g. highest MCS level. Par.[0083] discloses that the layer that has the largest MCS value is selected to carry the uplink control information); and
transmitting the RI through the PUSCH using the first layer (fig.8 Rank Indicator is transmitted via a first layer with higher MCS level as discussed above) with the first MCS level and using a second layer using a second MCS level (fig.8 Layer 2, wherein the second layer is also used for transmitting RI. par.[0083] as discussed above, teaches N layers, wherein each of the N layers comprises a different MCS level. The Office notes that the second layer comprises its own set of resource elements in the frequency domain)
wherein:
the first MCS level is higher than the second MCS level (par.[0083-0084] describes the N layers as comprising different MCS levels wherein the first layer which is configured to carry the control information is configured to carry the UCI, and has the highest MCS level).
Regarding claims 6, 12 and 18, Zhang discloses:
wherein the first layer comprises a first set of resource elements and the second layer comprises a second set of resource elements (fig(s).6-9 depict a plurality of layer configured with their own resource elements. For example in fig.6 layer RE comprise CQI, HARQ, RS, RI, and data, wherein the second layer comprises data and RS. Clearly, the layers comprise different resource elements) both the first set of resource elements and the second set of resource elements include data (fig.6 depicts the first layer and second layer resource elements including data).
Regarding claims 7, 13, and 19, Zhang discloses:
wherein the first set of resource elements further comprise Precoding Matrix Indicator but the second set of resource elements comprise no PMI (fig.7 depicts a second set of resource elements less the PMI).
Regarding claims 8, 14, and 20, Zhang discloses:
wherein the first layer comprises a first set of symbols arranged in the time domain (fig.3 depicts an exemplary layer for multiplexing, wherein the layer comprises a plurality of symbols in the time domain, see e.g. element 330. Fig.6 depicts a first layer comprising a plurality of symbols in the time domain)
wherein a fourth symbol among the first set of symbols in the time domain comprises a first reference signal (fig.6 depicts the 4th symbol comprising the DM-RS, which is a reference signal)
wherein a first symbol among the first set of symbols in time domain comprises a first set of subcarriers arranged in frequency domain, wherein the CQI in the first symbol occupies some subcarriers having higher frequencies in frequency domain, and data occupies remaining subcarriers in frequency domain (fig.6 layer 1 depicts the CQI being carried in the highest subcarriers in the frequency domain, the first symbol period comprises the CQI in the highest subcarrier).
Regarding claims 9, 15, and 21, Zhang discloses:
wherein the fourth symbol among the first set of symbols in time domain comprises a second set of subcarriers arranged in frequency domain, wherein the first reference signal occupies all the second set of subcarriers (fig.6 layer 1 and layer 2 wherein the RS (e.g. “S”) in the fourth symbol occupies all of the subcarriers).
Claim 10, 16, and 22, is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang as applied to the independent claims above in view of Lee et al. (US 2011/0013615 A1).
Regarding claims 10, 16, and 22, Zhang discloses:
mapping control information to a first layer or a second layer wherein the first layer has a higher MCS level than the second layer, and the control information is multiplexed with data in some situations, and further discloses:
wherein the first set of resource elements comprise data, RI, and CQI (see figs.(6-9). However, it does not explicitly disclose:
the second set of resource elements comprise data and RI but no CQI.
However, the particular arrangement of control information on different layers was known in the art prior to the disclosed claims. For example, in an analogous art, the disclosure of Lee teaches:
the second set of resource elements comprise data and RI but no CQI (par.[0145 – 0146] which recites, in part, “For example, among the plurality of pieces of control information, the ACK/NACK and the RI may require higher transmission reliability than that of the CQI/PMI. Therefore, the same modulation scheme as that used for data can be used for a specific type of control information (e.g., CQI/PMI), and a modulation scheme having a lower modulation order than that used for data may be used for another type of control information (e.g., ACK/NACK and RI).” And par.[0061] describes multiplexing of the UCI with data. Thus, it is shown that CQI and data may use a higher MCS and transmitted together while the RI may transmit using a lower MCS along with data that uses a higher MCS).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Zhang and Beluri which describe multiplexing of UCI and data on multiple layers with the transmission reliability of specific types of UCI as discussed in Lee. The motivation/suggestion would have been that ACK/NACK and RI require a more robust transmission reliability, which provides for a more robust communications which when transmitting UCI and data on higher and lower layers wherein the higher layer MCS has a better opportunity to be decoded at the receiver.
Response to Arguments
Rejection Under 35 U.S.C. § 112(a)
Applicant’s arguments, see 112(a) Rejections, filed 04/08/2026, with respect to claims 5-22 have been fully considered and are persuasive. The 112(a) rejection of the above claims has been withdrawn.
Claim Rejections - 35 USC § 103
Applicant’s arguments, see 105 Rejections, filed 04/08/2026, with respect to claims 5-22 have been fully considered and are not persuasive.
With regard to Zhang, the applicant alleges that Zhang (US 2010/0195624 A1) does not disclose:
“transmitting the RI on the PUSCH using a second layer with a second MCS level, wherein the second layer does not comprise/carry the CQI”.
Respectfully, claim 5, and the other independent claims, no longer recites, “and the second layer is not used to transmit CQI”.
Claim 5 now recites, “transmitting the RI through PUSCH using the first layer with the first MCS level and using a second layer with a second MCS level”.
This is taught throughout the disclosure of Zhang, and in particular fig(s). 8-9 which have been discussed above describe the transmission of RI on a first and second layer.
Thus, the disclosure of Zhang teaches the above limitation and the claim stands rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lee et al. (US 2011/0274075 A1) “Apparatus for Transmitting Uplink Signal in MIMO Wireless Communication System and Method Thereof”
Nam et al. (US 2010/0208680 A1) “Apparatus and Method for Codeword to Layer Mapping in MIMO Transmission Wireless Systems”
Earnshaw et al. (US 2010/0135181 A1) “Control Information Feedback Over the Long-Term Evolution Physical Uplink Shared Channel”
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 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 JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at (571)272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/Primary Examiner, Art Unit 2411
Prosecution Insights