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 .
Claims 3 and 13 have been cancelled.
Status of Claims
2. This Office Action is in response to the application filed on 03/18/2026. Claims 1-2, 4-12, and 14-20 are presently pending and are presented for examination.
3. 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 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.
Response to Arguments
4. Applicant’s arguments with respect to claims 1-2, 4-12, and 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 6, 11, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 6, 11, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because they recite the limitation “the first TB and the second TB correspond to the same HARQ process number and the first TB is different from the second TB, and via a radio resource control (RRC) configuration, the UE is indicated to expect that the second TB is different from the first TB”. The term “expect” in the “…to expect that the second TB is different from the first TB” is ambiguous, indefinite, and may lead to different interpretation and is not clear enough to define the metes and bonds of the claim invention.
Claims 2 and 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because of their dependency from claim 1.
Claims 7-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because of their dependency from claim 6.
Claims 12 and 14-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because of their dependency from claim 11.
Claims 17-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because of their dependency from claim 16.
Note: The “the UE is indicated to expect that the second TB is different from the first TB” is intended use not considered for examination
Claim Rejections - 35 USC § 103
6. 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 1-2, 4-12, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (US 2021/0050957 A1) in view of Chen et al. (US 2022/0393803 A1).
For claim 1 Khoshnevisan teaches a method of communication of a user equipment (UE) (paragraph 10 “UE”), comprising:
receiving a first downlink control information (DCI) from a base station, wherein the first DCI is used to schedule a first physical downlink shared channel (PDSCH) corresponding to a hybrid automatic repeat request (HARQ) process number (paragraph 10 “receiving a first downlink control information (DCI) that schedules a physical downlink shared channel (POSCH) transmission for a first hybrid automatic
repeat request (HARQ) process ID (number)”); and
receiving a second PDSCH from the base station before transmitting a hybrid automatic repeat request acknowledgement (HARQ-ACK) information of the first PDSCH and after receiving the first PDSCH or after the first DCI, wherein the second PDSCH is scheduled by a second DCI and the second PDSCH is corresponding to the HARQ process number, the first TB and the second TB correspond to the same HARQ process number and the first TB is different from the second TB, and via a eadio resource control (RRC) configuration, the UE is indicated to expect that the second TB is different from the first TB (paragraph 72 “a UE may operate in various RRC configurations-well known in the art”, pargraph 73 “DCI configuration for the same HARQ ID process”, paragraph 75 “RRC or DCI configuration”, and paragraph 97 “configuring a new (different) TB having the same HARQ-ID”),
Khoshnevisan does not explicitly teach the first TB and second TB are different in the same HARQ process number.
However, Chen teaches in a design of an embodiment of the present disclosure, a HARQ process of the terminal may be classified into a process that needs HARQ feedback (all TBs corresponding to this process need HARQ feedback) and a process that does not need HARQ feedback (all TBs corresponding to this process do not need HARQ feedback). Alternatively, different TBs in a same process may be classified into a TB that needs HARQ feedback and a TB that does not need HARQ feedback (Chen: paragraph144). In addition, Chen teaches HARQ can be either configured via RRC or MAC CE-design choice (Chen: paragraph 157). In addition, Chen teaches each HARQ process has a corresponding process number (Chen: paragraph 199).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention to use the teachings of Chen in the feedback system of Khoshnevisan in order to classify TBs based on the their need for HARQ feedback in the same HARQ Process according to a design requirement (Chen: paragraph144).
For claim 2 Khoshnevisan teaches the method, wherein
the HARQ-ACK information of the first PDSCH is transmitted in a PUCCH transmission (paragraph 76 “PUCCH carries HARQ-ACK”); or
or
or
For claim 4 Khoshnevisan teaches the method of claim 3, wherein the first DCI comprises a first indication field having a first new data indicator (NDI), and the second DCI comprises a second indication field having a second NDI (paragraph 97 “Another challenge presented by non-numeric Kl values is when a UE is allowed to receive scheduling for a given HARQ ID process, before sending HARQ-ACK feedback for a previous PDSCH for the same HARQ-ID. In certain systems, a UE may not be allowed to receive a DCI scheduling PDSCH for the same HARQ ID before sending an ACK/NACK transmission. In such circumstances, the UE may not be expected to receive another PDSCH transmission for a given HARQ process until after the end of the expected transmission of HARQ-ACK for that HARQ process. This may be the case for both retransmission with the same HARQ process ID and a new data indicator (NDI) set to indicate no new data, as well as an original transmission of a new TB having the same HARQ process ID and NDI toggled to indicate new data”); or
or
or
or
or
For claim 5 Khoshnevisan teaches the method, wherein
the first DCI comprises a first DCI format, and the second DCI comprises a second DCI format (paragraph 75 “DCI format (1_0) or a regular DCI form1 1_1”); or
or
For claim 6 Khoshnevisan in view of Chen teaches a user equipment (UE) of communication, comprising:
a memory (Fig. 4 “Memory 482”);
a transceiver (Fig. 4 “Memory 458 & 464”); and
a processor coupled to the memory and the transceiver (Fig. 4 “processor 480”);
wherein the transceiver is configured to receive a first downlink control information (DCI) from a base station, wherein the first DCI is used to schedule a first physical downlink shared channel (PDSCH) corresponding to a hybrid automatic repeat request (HARQ) process number (as discussed in claim 1); and
wherein the transceiver is configured to receive a second PDSCH from the base station before transmitting a hybrid automatic repeat request acknowledgement (HARQ-ACK) information of the first PDSCH and after receiving the first PDSCH or after the first DCI, wherein the second PDSCH is scheduled by a second DCI and the second PDSCH is corresponding to the HARQ process number (as discussed in claim 1),
wherein the first PDSCH carries a first transport block (TB) corresponding to the HARQ process number, the second PDSCH carries a second TB corresponding to the HARQ process number, the first TB and the second TB correspond to the same HARQ process number and the first TB is different from the second TB, and via a eadio resource control (RRC) configuration, the UE is indicated to expect that the second TB is different from the first TB (as discussed in claim 1).
For claim 7 Khoshnevisan teaches the UE, wherein
the first DCI indicates the processor to feedback the HARQ-ACK information of the first PDSCH (paragraph 10 “receiving a first downlink control information (DCI) that schedules a physical downlink shared channel (POSCH) transmission for a first hybrid automatic repeat request (HARQ) process ID”); or
or
or
or
For claim 8 Khoshnevisan teaches the UE, wherein
the processor is configured to report a HARQ-ACK codebook (CB) (paragraphs 94-95 “HARQ-ACK codebook”); or
the processor is configured to report a HARQ-ACK codebook (CB), and the HARQ-ACK CB has a semi-static size (paragraphs 94-95 “HARQ-ACK codebook”); or
the processor is configured to report a HARQ-ACK codebook (CB), and the HARQ-ACK CB comprises a type 1 HARQ-ACK CB (paragraphs 94-95 “HARQ-ACK codebook”); or
or
or
For claim 9 Khoshnevisan teaches the UE, wherein
the processor is configured to report a HARQ-ACK codebook (CB), the HARQ-ACK CB comprises one or more HARQ-ACK information corresponding to one or more PDSCH candidate locations, and the first PDSCH is received in a first one of the PDSCH candidate locations (paragraphs 94-95 “HARQ-ACK codebook”); or
or
For claim 10 Khoshnevisan teaches the UE, wherein
the processor is configured to report a HARQ-ACK codebook (CB), the HARQ-ACK CB comprises one or more HARQ-ACK information corresponding to one or more PDSCH candidate locations, and the second PDSCH is received in a second one of the PDSCH candidate locations (paragraphs 94-95 “HARQ-ACK codebook”); or
or
For claim 11 Khoshnevisan in view of Chen teaches a method of communication of a base station (as discussed in claim 1), comprising:
transmitting a first downlink control information (DCI) to a user equipment (UE), wherein the first DCI is used to schedule a first physical downlink shared channel (PDSCH) corresponding to a hybrid automatic repeat request (HARQ) process number (as discussed in claim 1); and
transmitting a second PDSCH to the UE before the UE transmits a hybrid automatic repeat request acknowledgement (HARQ-ACK) information of the first PDSCH and after receiving the first PDSCH or after the first DCI, wherein the second PDSCH is scheduled by a second DCI and the second PDSCH is corresponding to the HARQ process number (as discussed in claim 1), wherein the first PDSCH carries a first transport block (TB) corresponding to the HARQ process number, the second PDSCH carries a second TB corresponding to the HARQ process number, the first TB and the second TB correspond to the same HARQ process number and the first TB is different from the second TB, and via a radio resource control (RRC) configuration, the UE is indicated to expect that the second TB is different from the first TB (as discussed in claim 1).
For claim 12 Khoshnevisan teaches the method, wherein
the HARQ-ACK information of the first PDSCH is transmitted in a PUCCH transmission (paragraph 76 “PUCCH carries HARQ-ACK”); or
or
or
For claim 14 Khoshnevisan teaches the method of claim 13, wherein
the first DCI comprises a first indication field having a first new data indicator (NDI), and the second DCI comprises a second indication field having a second NDI (as discussed in claim 4); or
or
or
or
For claim 15 Khoshnevisan teaches the method, wherein
the first DCI comprises a first DCI format, and the second DCI comprises a second DCI format (as discussed in claim 5); or
or
For claim 16 Khoshnevisan in view of Chen teaches a base station of communication, comprising:
a memory (Fig. 4 “memory 442”);
a transceiver (Fig. 4 “420 & 438”); and
a processor coupled to the memory and the transceiver (Fig. 4 “processor 440”);
wherein the transceiver is configured to transmit a first downlink control information (DCI) to a user equipment (UE), wherein the first DCI is used to schedule a first physical downlink shared channel (PDSCH) corresponding to a hybrid automatic repeat request (HARQ) process number (as discussed in claim 1); and
wherein the transceiver is configured to transmit a second PDSCH to the UE before the UE transmits a hybrid automatic repeat request acknowledgement (HARQ-ACK) information of the first PDSCH and after receiving the first PDSCH or after the first DCI, wherein the second PDSCH is scheduled by a second DCI and the second PDSCH is corresponding to the HARQ process number (as discussed in claim 1),
wherein
the first PDSCH carries a first transport block (TB) corresponding to the HARQ process number, the second PDSCH carries a second TB corresponding to the HARQ process number, the first TB and the second TB correspond to the same HARQ process number and the first TB is different from the second TB (as discussed in claim 1), and
the processor is further configured to cause the base station to use a radio resource control (RRC) configuration to indicate the UE to expect that the second TB is different from the first TB (as discussed in claim 1).
For claim 17 Khoshnevisan teaches the base station, wherein
the first DCI indicates the UE to feedback the HARQ-ACK information of the first PDSCH (Fig. 8 “DCI indicates Timing for HARQ-Ack feedback for the first PDSCH is indicated”); or
or
or
or
or
For claim 18 Khoshnevisan teaches the base station, wherein
the UE is configured to report a HARQ-ACK codebook (CB) (paragraphs 94-95 “HARQ-ACK codebook”); or
the UE is configured to report a HARQ-ACK codebook (CB), and the HARQ-ACK CB has a semi-static size (paragraphs 94-95 “HARQ-ACK codebook”); or
the UE is configured to report a HARQ-ACK codebook (CB), and the HARQ-ACK CB comprises a type 1 HARQ-ACK CB (paragraphs 94-95 “HARQ-ACK codebook”); or
or
or
For claim 19 Khoshnevisan teaches the base station, wherein
the UE is configured to report a HARQ-ACK codebook (CB), the HARQ-ACK CB comprises one or more HARQ-ACK information corresponding to one or more PDSCH candidate locations, and the first PDSCH is received in a first one of the PDSCH candidate locations (paragraphs 94-95 “HARQ-ACK codebook”); or
or
For claim 20 Khoshnevisan teaches the base station, wherein
the UE is configured to report a HARQ-ACK codebook (CB), the HARQ-ACK CB comprises one or more HARQ-ACK information corresponding to one or more PDSCH candidate locations, and the second PDSCH is received in a second one of the PDSCH candidate locations (paragraphs 94-95 “HARQ-ACK codebook”); or
or
.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Wang et al. (US 2022/0173840 A1), Khoshnevisan et al. (US 2021/0014883 A1), and Li et al. (US 11,563,545 B2).
8. 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David M OVEISSI whose telephone number is (571)270-3127. The examiner can normally be reached Monday-Friday 8Am-5PM.
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, Jeffrey Rutkowski can be reached on (571) 270 - 1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANSOUR OVEISSI/Primary Examiner, Art Unit 2415
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