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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-6 and 8-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 2 (12, 13 and 21), the claim states “the one or more resources are to be ignored or nulled by the UE based on DCI format regardless of transmissions on the one or more resources”, which was not described in the original specification. Applicant states there is support for this in Paras [0074,80,84,86 and 92-94]. Para [0080-81], states the marker can indicate symbols being punctured that are used for LL transmissions. Para [0069] states a device not receiving low latency transmission but having an allocation for other data transmissions, the marker can tell which RE’s in the allocation are used for low latency so that the device can ignore, null or otherwise not use them. This is not the same as nulling one or more resources based on the DCI format regardless of transmissions on the one or more resources. This is a marker indicating resource used for low latency transmission so the other device not receiving low latency can ignore or null them.
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.
Claims 2-6 and 8-22 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 2016/0234857, hereinafter Chen, claiming priority date of provisional application 62/165,783 and 62/113,066), in view of Yang et al (US 2016/0234853, hereinafter Yang) and in view of Chen et al (US 2016/0226650, hereinafter Chen2, claiming priority of provisional application 62/109,206).
Regarding claim 2, Chen discloses a base station (BS, Fig. 9) for wireless communication, the base station comprising: at least one memory and at least one processor coupled with the at least one memory (memory and processor, Fig. 9), configured to cause the base station to: transmit first downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a first physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); transmit second downlink control information indicating a second set of resources in one or both of the time domain or the frequency domain for a second physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling non-low latency transmission to a first UE, Para [0057], BS schedules frequency and time resources for non-low latency, Para [0067]); and transmit information indicating one or more resources punctured from the first set of resources where no intended transmission is intended for a UE, the one or more resources partially overlapping with the second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], low latency resource puncture the non-low latency resource as indicated by the low latency indicator, Para [0060] a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE based on DCI format regardless of transmission on the one or more resources. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements.
Regarding claim 3, Chen discloses the base station of claim 2, wherein, to transmit the first downlink control information, the instructions are executable by the processor to cause the base station to: transmit, to a first user equipment (UE) on a first physical downlink control channel, the first downlink control information indicating the first set of resources in one or both of the time domain or the frequency domain for the first physical downlink shared channel (BS can schedule low latency transmission to a second UE, Para [0057], DCI transmitted to UE with DL scheduling assignment, Para [0051], DCI can be associated with a specific UE or multiple users, Para [0052]).
Regarding claim 4, Chen discloses the base station of claim 3, wherein, to transmit the second downlink control information, the instructions are executable by the processor to cause the base station to: transmit, to the first UE or a second UE on a second physical downlink control channel, the second downlink control information indicating the second set of resources in one or both of the time domain or the frequency domain for the second physical downlink shared channel (BS can transmit the non-low latency transmission to a first UE, Para [0057], DCI transmitted to UE with DL scheduling assignment, Para [0051], DCI can be associated with a specific UE or multiple users, Para [0052]).
Regarding claim 5, Chen discloses the base station of claim 4, wherein, to transmit the information indicating the one or more resources associated with no intended transmission, the instructions are executable by the processor to cause the base station to: transmit, to the first UE, the information indicating the one or more resources associated with no intended transmission (non-low latency devices can ignore the symbols for low latency, Para [0031], a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058]).
Regarding claim 6, Chen discloses the base station of claim 5, wherein the instructions are further executable by the processor to cause the base station to: transmit a marker signal indicating the one or more resources of the first set of resources partially overlapping with the second set of resources (low latency transmission may puncture or overlap with the non-low latency transmission, Para [0057], the UE receives an indication of the resources utilized for low latency, Para [0058]).
Regarding claims 8, 16 and 17, Chen discloses the base station/UE of claim 2/13/16, wherein the first set of resources in one or both of the time domain or the frequency domain are associated with a first subframe or a first slot, and wherein the second set of resources in one or both of the time domain or the frequency domain are associated with a second subframe or a second slot (regular PDSCH and low latency can be in either slot, Para [0072], meaning resources for low latency and resources for non-low latency can be associated with either slot 0 or slot 1).
Regarding claims 9 and 18, Chen discloses the base station/UE of claim 8/17, wherein the second subframe follows the first subframe (subsequent sub-frame is after the current sub-frame, Para [0007]).
Regarding claims 10 and 19, Chen discloses the base station/UE of claim 2/13, wherein the first set of resources comprises a first set of resource blocks, and wherein the second set of resources comprises a second set of resource blocks (resources for low latency may overlap with resource blocks assigned to non-low latency, Para [0033]).
Regarding claims 11 and 20, Chen discloses the base station/UE of claim 2/13, wherein the first set of resources comprises a first set of orthogonal frequency division multiplexing symbols, or wherein the second set of resources comprises a second set of orthogonal frequency division multiplexing symbols (orthogonal frequency division multiple access, Para [0003], sub-frames made up of slots including OFDMA symbols, Para [0054]).
Regarding claim 12, Chen discloses a method of wireless communication at a base station, the method comprising: transmitting first downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a first physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); transmitting second downlink control information indicating a second set of resources in one or both of the time domain or the frequency domain for a second physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling non-low latency transmission to a first UE, Para [0057], BS schedules frequency and time resources for non-low latency, Para [0067]); and transmitting information indicating one or more resources punctured from the first set of resources where no intended transmission is intended for a UE, the one or more resources partially overlapping with the second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], low latency resource puncture the non-low latency resource as indicated by the low latency indicator, Para [0060] a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE based on the DCI format. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements.
Regarding claim 13, Chen discloses a user equipment (UE, Fig. 8) for wireless communication, the UE comprising: a processor and a memory coupled with the processor (memory and processor, Fig. 8), the memory comprising instructions executable by the processor to cause the UE to: receive first downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a first physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); and receive information indicating one or more resources punctured from the first set of resources where no intended transmission is intended for a UE, the one or more resources partially overlapping with the second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], low latency resource puncture the non-low latency resource as indicated by the low latency indicator, Para [0060] a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE based on the DCI format regardless of transmissions on the one or more resources. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements.
Regarding claims 14 and 22, Chen discloses the UE/method of claim 13/21, wherein the instructions are further executable by the processor to cause the UE to: receive second downlink control information indicating the second set of resources in one or both of the time domain or the frequency domain for a second physical downlink shared channel (BS can transmit the non-low latency transmission to a first UE, Para [0057], DCI transmitted to UE with DL scheduling assignment, Para [0051], DCI can be associated with a specific UE or multiple users, Para [0052]).
Regarding claim 15, Chen discloses the UE of claim 13, wherein the instructions are further executable by the processor to cause the UE to: receive a data transmission associated with the one or more resources of the first set of resources partially overlapping with the second set of resources (BS can transmit low latency to a UE, Para [0057]).
Regarding claim 21, Chen discloses a method of wireless communication at a user equipment (UE), the method comprising: receiving downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); and receiving information indicating one or more resources punctured from the first set of resources where no intended transmission is intended for a UE, the one or more resources partially overlapping with the second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], low latency resource puncture the non-low latency resource as indicated by the low latency indicator, Para [0060] a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE based on DCI format. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements.
Response to Arguments
Applicant's arguments filed 4/30/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the 112 rejections are overcome. The 112 rejections remain for different reasons. There is no support for the newly amended limitation. Applicant argues the references do not disclose the amended limitations. Applicant argues the base station defines a “void” within the scheduled UE’s grant. Applicant argues a marker transmission punctures the user’s PDSCH allocation. Applicant argues determining which LLR’s should be zeroed out. In response, Chen discloses the low latency indicator, indicating the resources used for low latency transmission which are not intended for the other UE. Chen even uses the same phrasing that the low latency resources puncture the non-low latency resources. The other argument about LLR’s is irrelevant because that is not a limitation in the claim. Applicant further describe support for the base station defining a “void”. However, it isn’t a void because low latency transmission is being transmitted there. Applicant argues the UE is to ignore or null those punctures resources based on the DCI format regardless of transmissions on those one or more resources. Applicant argues against the secondary references as well. In response, there is a 112 issue with the new amendment. Further Chen does disclose the resources being punctured.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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