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 .
This office action is in response to remarks filed on 04/22/2026.
Claims 1-6, 8, 12, 16-18, 21-23, and 25 are pending and presented for examination. Claims 1 and 16 are amended. Claims 11 and 24 are canceled.
Response to Amendments
Claims 1 and 16 have been considered based on amendments.
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 non-obviousness.
Claims 1, 8, 16 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US20250267719A1) (hereinafter "Zhang") in view of Yang et al (US20190239214A1) (hereinafter "Yang"), Papasakellariou et al (US20180167932A1) (hereinafter "Papasakellariou"), and Xu et al (US20190166609A1) (hereinafter "Xu").
Regarding claim 1, Zhang discloses a data transmission method, performed by a terminal and comprising:
sending first uplink data to a network side device (Fig. 15: 356 Transmit Msg 1 (preamble) in random access channel and Msg 3 in uplink data channel using associated granted resource [0116-0117] the UE 110 also sends an uplink data transmission on the uplink data channel using the transmission parameters of the selected resource grant. The uplink transmission on the uplink data channel carries Msg 3, which includes: (1) Data to be sent from the UE 110 to the base station 170.);
retransmitting the first uplink data in a case that it is confirmed that failure of sending of the first uplink data occurs; and ([0172] the base station 170 still fails to detect Msg 1 and so Msg 3 is also still not decoded. This may lead to another retransmission of Msg A upon expiry of another duration of time T2. The retransmissions of the Msg A in the two-step random access procedure continue until the expiry of a predetermined duration of time T3 from the first transmission of the Msg 1 with the two-step random access procedure)
before the sending the first uplink data to the network side device, receiving first configuration information sent by the network side device (Fig. 15: 352 Transmit random access channel configuration and a set of resource grants for an uplink data channel), wherein the first configuration information is used to instruct the terminal to send uplink data by using a target uplink resource ([0149] An example is FIG. 8 in which the base station broadcasts both the PRACH configuration information at time-frequency resource 404 and the PUSCH resource grants at time-frequency location 408.), and the target uplink resource comprises an uplink resource in a random access process (Fig. 15: 354 Receive the random access channel configuration and the set of resource grants for the uplink data channel);
wherein the sending the first uplink data to the network side device comprises sending the first uplink data to the network side device by using the target uplink resource based on the first configuration information; and (Fig. 15: 356 Transmit Msg 1 (preamble) in random access channel and Msg 3 in uplink data channel using associated granted resource)
Zhang fails to disclose a method, comprising: the retransmitting the first uplink data comprises obtaining a first hybrid automatic repeat request (HARQ) process for sending the first uplink data, and in a case that a HARQ process corresponding to a retransmission resource is the first HARQ process, retransmitting the first uplink data by using the first HARQ process corresponding to the retransmission resource.
However, Yang discloses a method, comprising: the retransmitting the first uplink data comprises obtaining a first hybrid automatic repeat request (HARQ) process for sending the first uplink data, and in a case that a HARQ process corresponding to a retransmission resource is the first HARQ process, retransmitting the first uplink data by using the first HARQ process corresponding to the retransmission resource ([0089] When 8-channel HARQ is used, 0 to 7 are provided as HARQ process numbers. One HARQ process operates per TTI (e.g., subframe). Referring to FIG. 8, a UL grant is transmitted to a UE 120 through a PDCCH (S600). The UE 120 transmits UL data to an eNB 110 after 4 subframes from the time (e.g., subframe 0) at which the UL grant is received using an RB and an MCS designated by the UL grant (S602). The eNB 110 decodes the UL data received from the UE 120 and then generates ACK/NACK. When decoding of the UL data fails, the eNB 110 transmits NACK to the UE 120 (S604). The UE 120 retransmits the UL data after 4 subframes from the time at which NACK is received (S606). Initial transmission and retransmission of the UL data are performed through the same HARQ process (e.g., HARQ process 4).).
Zhang and Yang are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for automatic retransmission request.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang with Yang to create a method, comprising: the retransmitting the first uplink data comprises obtaining a first hybrid automatic repeat request (HARQ) process for sending the first uplink data, and in a case that a HARQ process corresponding to a retransmission resource is the first HARQ process, retransmitting the first uplink data by using the first HARQ process corresponding to the retransmission resource.
The motivation to combine both references would come from the need to minimize processing and signaling overhead.
Zhang fails to disclose a method, comprising: wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data; or, in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource.
However, Papasakellariou discloses a method, comprising: wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data ([0140] For example, one or more resource from the configured resources can be associated with a set of a PUCCH resource and one or more PUSCH resources. When a UE does not have data to transmit, the UE can transmit HARQ-ACK by transmitting a PUCCH on the PUCCH resource. When the UE has data to transmit, the UE can transmit both HARQ-ACK and data by transmitting a PUSCH on one of the PUSCH resources. Each PUSCH resource can also be configured with an MCS for data transmission and a RB allocation and the UE can select a PUSCH resource according to a size of a data TB. [0261] A UE detects a first DL DCI format transmitted from a gNB and scheduling in a first slot or on a first cell a reception of a first TB for a first HARQ process and indicating a generation of N.sub.HARQ-ACK.sup.TBI=4 HARQ-ACK information bits from the UE and a first element in a HARQ-ACK codeword as a starting location for a consecutive placement of the HARQ-ACK information bits (min(N.sub.HARQ-ACK.sup.TB,maxN.sub.CB.sup.TB)=4). The UE partitions the CBs of the first data TB into four CBGs 2510, generates four respective HARQ-ACK information bits with either “ACK” (A) or “NACK” (N) value, and places them as the first four elements in the HARQ-ACK codeword 2515. See also [0004] The present disclosure also relates to determining a number of coded symbols per layer for transmission of a UCI type in a PUSCH conveying an initial transmission of a data transport block (TB) or an adaptive retransmission of the data TB. [0115] The determination of a number of coded modulation symbols for a UCI type per layer Q′, as in Equation 1 or Equation 2, is based on non-adaptive retransmissions and use parameters associated with an initial PUSCH transmission for the same data TB. [0125] In one example, a UE is configured different β.sub.offset.sup.PUSCH values for use in determining a number of coded modulation symbols for multiplexing a UCI type in a PUSCH for when the PUSCH conveys an initial transmission of a data TB and when the PUSCH conveys a retransmission of a data TB. For example, a UE can be configured a first β.sub.offset,0.sup.PUSCH value for multiplexing a respective UCI type in a PUSCH when the PUSCH conveys an initial data TB transmission and configured a second β.sub.offset,1.sup.PUSCH value for multiplexing a respective UCI type in a PUSCH when the PUSCH conveys a HARQ retransmission of a data TB. The second β.sub.offset,1.sup.PUSCH value can be same for all HARQ retransmissions even when incremental redundancy with a different redundancy version is used for each HARQ retransmission. [0237] A second aspect is for scheduling retransmission of a HARQ-ACK codeword. A HARQ-ACK codeword scheduled for transmission from a UE is same as a HARQ-ACK codeword the UE transmitted at a previous slot. An earliest previous slot can be defined in a system operation, such as for example to be the slot that is two slots prior to the slot of the HARQ-ACK codeword scheduling, or can be configured from a gNB to a UE. Then, a transmission of a HARQ-ACK codeword is a retransmission of a same HARQ-ACK codeword with same contents as in an initial transmission of the HARQ-ACK codeword.);
or, in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource (The examiner does not select this because of the "or" statement.).
Zhang and Papasakellariou are considered to be analogous to the claimed invention because both are in the same endeavor of supporting transmissions of multiplexing control information in a uplink data channel.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang with Papasakellariou to create a method, comprising: wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data; or, in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource.
The motivation to combine both references would come from the need to reduce overhead and increase transmission efficiency.
Zhang fails to disclose the method, wherein a time location of the retransmission resource is determined by using any one of following: a time location at which the terminal determines to perform retransmission; and a preset quantity of time locations after the time location at which the terminal determines to perform retransmission.
However, Xu discloses the method wherein a time location of the retransmission resource is determined by using any one of following:
a time location at which the terminal determines to perform retransmission; and ([0126] a first timer is used for timing … The terminal initially transmits first data for the first time … and resets the first timer to start timing. When the terminal determines that a value of the counter is less than an initial transmission times threshold and no acknowledge frame returned by the network device for the first data initially transmitted for the first time is received within preset first duration, the terminal initially transmits the first data to the network device again. See also [0133] Optionally, that the terminal sends, in a grant-free mode, first data to a network device by using a grant-free resource includes: initially transmitting, by the terminal, the first data to the network device for the first time in the grant-free mode by using the grant-free resource; retransmitting, by the terminal, the first data to the network device when no acknowledge frame returned by the network device for the first data is received within preset second duration, and counting, by using a counter, a quantity of times the first data is retransmitted; and initially transmitting, by the terminal, the first data again if the terminal determines that a value of the counter increases to a preset retransmission times threshold and determines that no acknowledge frame returned by the network device for the first data is received within preset third duration.)
and a preset quantity of time locations after the time location at which the terminal determines
to perform retransmission ([0126] a first counter is used for counting … The terminal initially transmits first data for the first time. The terminal sets the first counter to 1 … When the terminal determines that a value of the counter is less than an initial transmission times threshold and no acknowledge frame returned by the network device for the first data initially transmitted for the first time is received within preset first duration, the terminal initially transmits the first data to the network device again.).
Zhang and Xu are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for wireless data transmission reliability.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang with Xu to create the method wherein a time location of the retransmission resource is determined by using any one of following: a time location at which the terminal determines to perform retransmission; and a preset quantity of time locations after the time location at which the terminal determines to perform retransmission.
The motivation to combine both references would come from the need to have thresholds on the duration and frequency in which retransmission attempts should occur.
Regarding claim 8, Zhang discloses the method, wherein a resource for retransmitting the first uplink data comprises any one of following:
a dedicated uplink resource; and (Fig. 15: 354 Receive the random access channel configuration and the set of resource grants for the uplink data channel)
the uplink resource in the random access process (Fig. 15: 354 Receive the random access channel configuration and the set of resource grants for the uplink data channel).
Regarding claim 16, Zhang discloses a communication device, comprising a processor, a memory, and a program or instruction that is stored in the memory and executable on the processor, wherein the program or the instruction, when executed by the processor, causes the communication device to perform:
sending first uplink data to a network side device (Fig. 15: 356 Transmit Msg 1 (preamble) in random access channel and Msg 3 in uplink data channel using associated granted resource [0116-0117] the UE 110 also sends an uplink data transmission on the uplink data channel using the transmission parameters of the selected resource grant. The uplink transmission on the uplink data channel carries Msg 3, which includes: (1) Data to be sent from the UE 110 to the base station 170.);
retransmitting the first uplink data in a case that it is confirmed that failure of sending of the first uplink data occurs; and ([0172] the base station 170 still fails to detect Msg 1 and so Msg 3 is also still not decoded. This may lead to another retransmission of Msg A upon expiry of another duration of time T2. The retransmissions of the Msg A in the two-step random access procedure continue until the expiry of a predetermined duration of time T3 from the first transmission of the Msg 1 with the two-step random access procedure)
receiving first configuration information sent by the network side device (Fig. 15: 352 Transmit random access channel configuration and a set of resource grants for an uplink data channel), wherein the first configuration information is used to instruct a terminal to send uplink data by using a target uplink resource, and the target uplink resource comprises an uplink resource in a random access process (Fig. 15: 354 Receive the random access channel configuration and the set of resource grants for the uplink data channel);
wherein the sending the first uplink data to the network side device comprises sending the first uplink data to the network side device by using the target uplink resource based on the first configuration information; and (Fig. 15: 356 Transmit Msg 1 (preamble) in random access channel and Msg 3 in uplink data channel using associated granted resource).
Zhang fails to disclose a communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to perform: the retransmitting the first uplink data comprises obtaining a first hybrid automatic repeat request (HARQ) process for sending the first uplink data, and in a case that a HARQ process corresponding to a retransmission resource is the first HARQ process, retransmitting the first uplink data by using the first HARQ process corresponding to the retransmission resource.
However, Yang discloses a communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to perform: the retransmitting the first uplink data comprises obtaining a first hybrid automatic repeat request (HARQ) process for sending the first uplink data, and in a case that a HARQ process corresponding to a retransmission resource is the first HARQ process, retransmitting the first uplink data by using the first HARQ process corresponding to the retransmission resource ([0089] When 8-channel HARQ is used, 0 to 7 are provided as HARQ process numbers. One HARQ process operates per TTI (e.g., subframe). Referring to FIG. 8, a UL grant is transmitted to a UE 120 through a PDCCH (S600). The UE 120 transmits UL data to an eNB 110 after 4 subframes from the time (e.g., subframe 0) at which the UL grant is received using an RB and an MCS designated by the UL grant (S602). The eNB 110 decodes the UL data received from the UE 120 and then generates ACK/NACK. When decoding of the UL data fails, the eNB 110 transmits NACK to the UE 120 (S604). The UE 120 retransmits the UL data after 4 subframes from the time at which NACK is received (S606). Initial transmission and retransmission of the UL data are performed through the same HARQ process (e.g., HARQ process 4).).
Zhang and Yang are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for automatic retransmission request.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang with Yang to create a communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to perform: the retransmitting the first uplink data comprises obtaining a first hybrid automatic repeat request (HARQ) process for sending the first uplink data, and in a case that a HARQ process corresponding to a retransmission resource is the first HARQ process, retransmitting the first uplink data by using the first HARQ process corresponding to the retransmission resource.
The motivation to combine both references would come from the need to minimize processing and signaling overhead.
Zhang fails to disclose a communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to perform: wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data; or, in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource.
However, Papasakellariou discloses a communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to perform: wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data ([0140] For example, one or more resource from the configured resources can be associated with a set of a PUCCH resource and one or more PUSCH resources. When a UE does not have data to transmit, the UE can transmit HARQ-ACK by transmitting a PUCCH on the PUCCH resource. When the UE has data to transmit, the UE can transmit both HARQ-ACK and data by transmitting a PUSCH on one of the PUSCH resources. Each PUSCH resource can also be configured with an MCS for data transmission and a RB allocation and the UE can select a PUSCH resource according to a size of a data TB. [0261] A UE detects a first DL DCI format transmitted from a gNB and scheduling in a first slot or on a first cell a reception of a first TB for a first HARQ process and indicating a generation of N.sub.HARQ-ACK.sup.TBI=4 HARQ-ACK information bits from the UE and a first element in a HARQ-ACK codeword as a starting location for a consecutive placement of the HARQ-ACK information bits (min(N.sub.HARQ-ACK.sup.TB,maxN.sub.CB.sup.TB)=4). The UE partitions the CBs of the first data TB into four CBGs 2510, generates four respective HARQ-ACK information bits with either “ACK” (A) or “NACK” (N) value, and places them as the first four elements in the HARQ-ACK codeword 2515. See also [0004] The present disclosure also relates to determining a number of coded symbols per layer for transmission of a UCI type in a PUSCH conveying an initial transmission of a data transport block (TB) or an adaptive retransmission of the data TB. [0115] The determination of a number of coded modulation symbols for a UCI type per layer Q′, as in Equation 1 or Equation 2, is based on non-adaptive retransmissions and use parameters associated with an initial PUSCH transmission for the same data TB. [0125] In one example, a UE is configured different β.sub.offset.sup.PUSCH values for use in determining a number of coded modulation symbols for multiplexing a UCI type in a PUSCH for when the PUSCH conveys an initial transmission of a data TB and when the PUSCH conveys a retransmission of a data TB. For example, a UE can be configured a first β.sub.offset,0.sup.PUSCH value for multiplexing a respective UCI type in a PUSCH when the PUSCH conveys an initial data TB transmission and configured a second β.sub.offset,1.sup.PUSCH value for multiplexing a respective UCI type in a PUSCH when the PUSCH conveys a HARQ retransmission of a data TB. The second β.sub.offset,1.sup.PUSCH value can be same for all HARQ retransmissions even when incremental redundancy with a different redundancy version is used for each HARQ retransmission. [0237] A second aspect is for scheduling retransmission of a HARQ-ACK codeword. A HARQ-ACK codeword scheduled for transmission from a UE is same as a HARQ-ACK codeword the UE transmitted at a previous slot. An earliest previous slot can be defined in a system operation, such as for example to be the slot that is two slots prior to the slot of the HARQ-ACK codeword scheduling, or can be configured from a gNB to a UE. Then, a transmission of a HARQ-ACK codeword is a retransmission of a same HARQ-ACK codeword with same contents as in an initial transmission of the HARQ-ACK codeword.);
or, in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource (The examiner does not select this because of the "or" statement.).
Zhang and Papasakellariou are considered to be analogous to the claimed invention because both are in the same endeavor of supporting transmissions of multiplexing control information in a uplink data channel.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang with Papasakellariou to create a communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to perform: wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data; or, in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource.
The motivation to combine both references would come from the need to reduce overhead and increase transmission efficiency.
Zhang fails to disclose the communication device, wherein a time location of the retransmission resource is determined by using any one of following: a time location at which the terminal determines to perform retransmission; and a preset quantity of time locations after the time location at which the terminal determines to perform retransmission.
However, Xu discloses the communication device, wherein a time location of the retransmission resource is determined by using any one of following:
a time location at which the terminal determines to perform retransmission; and ([0126] a first timer is used for timing … The terminal initially transmits first data for the first time … and resets the first timer to start timing. When the terminal determines that a value of the counter is less than an initial transmission times threshold and no acknowledge frame returned by the network device for the first data initially transmitted for the first time is received within preset first duration, the terminal initially transmits the first data to the network device again. See also [0133] Optionally, that the terminal sends, in a grant-free mode, first data to a network device by using a grant-free resource includes: initially transmitting, by the terminal, the first data to the network device for the first time in the grant-free mode by using the grant-free resource; retransmitting, by the terminal, the first data to the network device when no acknowledge frame returned by the network device for the first data is received within preset second duration, and counting, by using a counter, a quantity of times the first data is retransmitted; and initially transmitting, by the terminal, the first data again if the terminal determines that a value of the counter increases to a preset retransmission times threshold and determines that no acknowledge frame returned by the network device for the first data is received within preset third duration.)
a preset quantity of time locations after the time location at which the terminal determines
to perform retransmission ([0126] a first counter is used for counting … The terminal initially transmits first data for the first time. The terminal sets the first counter to 1 … When the terminal determines that a value of the counter is less than an initial transmission times threshold and no acknowledge frame returned by the network device for the first data initially transmitted for the first time is received within preset first duration, the terminal initially transmits the first data to the network device again.).
Zhang and Xu are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for wireless data transmission reliability.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang with Xu to create the communication device, wherein a time location of the retransmission resource is determined by using any one of following: a time location at which the terminal determines to perform retransmission; and a preset quantity of time locations after the time location at which the terminal determines to perform retransmission.
The motivation to combine both references would come from the need to have thresholds on the duration and frequency in which retransmission attempts should occur.
Regarding claim 23, Zhang discloses the communication device, wherein a resource for retransmitting the first uplink data comprises any one of following:
a dedicated uplink resource; and (Fig. 15: 354 Receive the random access channel configuration and the set of resource grants for the uplink data channel)
the uplink resource in the random access process (Fig. 15: 354 Receive the random access channel configuration and the set of resource grants for the uplink data channel).
Claims 2-6, 9, 17-18, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Yang, Papasakellariou, and Xu as applied to claims 1 or 16 above, and further in view of Park et al (US20110041022A1) (hereinafter "Park").
Regarding claim 2, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the method, wherein failure of sending the first uplink data is confirmed by using any one of following: feedback information sent by the network side device is not received within a preset time; and receiving failure indication information sent by the network side device is received.
However, Park discloses the method, wherein failure of sending the first uplink data is confirmed by using any one of following:
feedback information sent by the network side device is not received within a preset time; and (The examiner does not select this because of the "any one of" statement.);
receiving failure indication information sent by the network side device is received ([0017] The HARQ module 112 of the reception end 110 determines whether an error is generated for the data 3. If an error is generated for the data 3, the HARQ module 112 transmits HARQ NACK information for the data 3 to the HARQ module 104 in step 141).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the method, wherein failure of sending the first uplink data is confirmed by using any one of following: feedback information sent by the network side device is not received within a preset time; and receiving failure indication information sent by the network side device is received.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 3, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the method, wherein the retransmitting the first uplink data further comprises: retransmitting the first uplink data in a case that a first preset condition is met; wherein the first preset condition comprises at least one of following: a first timer corresponding to the first uplink data expiring, wherein the first timer is configured to allow to retransmit the first uplink data in a case that the first timer expires; or a second timer corresponding to the first uplink data being in a running state, wherein the second timer is configured to prohibit new uplink data transmission within a running period.
However, Park discloses the method, wherein the retransmitting the first uplink data comprises: retransmitting the first uplink data in a case that a first preset condition is met ([0018] The HARQ module 104 of the transmission end 100 retransmits the data 3 to the HARQ module 112 of the reception end 110 depending on the HARQ NACK information for the data 3 in step 143);
wherein the first preset condition comprises at least one of following:
a first timer corresponding to the first uplink data expiring, wherein the first timer is configured to allow to retransmit the first uplink data (Fig 1 Data 3 Step 145) in a case that the first timer expires ([0023] when an ARQ timer of the ARQ module 114 expires while the HARQ module 104 and the HARQ module 112 perform retransmission of data 3 in step 151, the ARQ module 114 transmits ARQ NACK information for the data 3 to the ARQ module 102 of the transmission end 100 in step 153);
or a second timer corresponding to the first uplink data being in a running state, wherein the second timer is configured to prohibit new uplink data transmission within a running period (The examiner does not select this because of the "at least one of" statement.).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the method, wherein the retransmitting the first uplink data further comprises: retransmitting the first uplink data in a case that a first preset condition is met; wherein the first preset condition comprises at least one of following: a first timer corresponding to the first uplink data expiring, wherein the first timer is configured to allow to retransmit the first uplink data in a case that the first timer expires; or a second timer corresponding to the first uplink data being in a running state, wherein the second timer is configured to prohibit new uplink data transmission within a running period.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 4, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the method, wherein a start condition or a restart condition of at least one of the first timer and the second timer comprises any one of following: that the terminal sends second uplink data; that the terminal retransmits the first uplink data; or that feedback information sent by the network side device is not received within a preset time.
However, Park discloses the method, wherein a start condition or a restart condition of at least one of the first timer and the second timer comprises any one of following:
that the terminal sends second uplink data (The examiner does not select this because of the "any one of" statement);
that the terminal retransmits the first uplink data (Fig 1 Data 3 Retransmission Step 155 [0020] The HARQ module 104 of the transmission end 100 and the HARQ module 112 of the reception end 110 perform retransmission of the data 3 until the HARQ module 112 of the reception end 110 receives the data 3 without an error in steps 147 to 155);
or that feedback information sent by the network side device is not received within a preset time ([0023] when an ARQ timer of the ARQ module 114 expires while the HARQ module 104 and the HARQ module 112 perform retransmission of data 3 in step 151, the ARQ module 114 transmits ARQ NACK information for the data 3 to the ARQ module 102 of the transmission end 100 in step 153).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the method, wherein a start condition or a restart condition of at least one of the first timer and the second timer comprises any one of following: that the terminal sends second uplink data; that the terminal retransmits the first uplink data; or that feedback information sent by the network side device is not received within a preset time.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 5, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the method, wherein in a case that a second preset condition is met, stopping the first timer; wherein the second preset condition comprises any one of following: that feedback information sent by the network side device is received; that the second timer stops; that the second timer expires; and that the second timer is restarted; and/or in a case that a third preset condition is met, stopping the second timer; wherein the third preset condition comprises: that the feedback information sent by the network side device is received.
However, Park discloses the method, wherein in a case that a second preset condition is met, stopping the first timer ([0108] the ARQ module may determine a time for delaying the generation of the ARQ NACK information in consideration of a driving time of a timer T1 of the HARQ module);
wherein the second preset condition comprises any one of following:
that feedback information (Fig 1 ACK Step 261) sent by the network side device is received ([0063] The HARQ module 212 of the reception end 210 determines whether an error is generated for the data 3. If an error is not generated for the data 3, the HARQ module 212 transmits HARQ ACK information for the data 3 to the HARQ module 204 of the transmission end 200 in step 261);
that the second timer stops (The examiner does not select this because of the "any one of" statement.);
that the second timer expires; and (The examiner does not select this because of the "any one of" statement.)
that the second timer is restarted; and/or (The examiner does not select this because of the "any one of" statement.)
in a case that a third preset condition is met, stopping the second timer; wherein
the third preset condition comprises: that the feedback information sent by the network side device is received ([0063] The HARQ module 212 of the reception end 210 determines whether an error is generated for the data 3. If an error is not generated for the data 3, the HARQ module 212 transmits HARQ ACK information for the data 3 to the HARQ module 204 of the transmission end 200 in step 261).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the method, wherein in a case that a second preset condition is met, stopping the first timer; wherein the second preset condition comprises any one of following: that feedback information sent by the network side device is received; that the second timer stops; that the second timer expires; and that the second timer is restarted; and/or in a case that a third preset condition is met, stopping the second timer; wherein the third preset condition comprises: that the feedback information sent by the network side device is received.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 6, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the method, wherein the feedback information is used to indicate any one of following: that the first uplink data is received successfully; that the first uplink data fails to be received; and that the terminal sends second uplink data.
However, Park discloses the method, wherein the feedback information is used to indicate any one of following:
that the first uplink data is received successfully ([0052] if an error is not generated for the data 2, the HARQ module 212 transmits HARQ ACK information for the data 2 to the HARQ module 204 of the transmission end 200 in step 233);
that the first uplink data fails to be received; and ([0052] If an error is generated to the data 2, the HARQ module 212 transmits HARQ NACK information for the data 2 to the HARQ module 204 of the transmission end 200 in order to request retransmission of the data 2.)
that the terminal sends second uplink data (The examiner does not select this because of the "any one of" statement.).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the method, wherein the feedback information is used to indicate any one of following: that the first uplink data is received successfully; that the first uplink data fails to be received; and that the terminal sends second uplink data.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 17, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the communication device, wherein failure of sending the first uplink data is confirmed by using any one of following: feedback information sent by the network side device being not received within a preset time; and receiving failure indication information sent by the network side device being received.
However, Park discloses the communication device, wherein failure of sending the first uplink data is confirmed by using any one of following:
feedback information sent by the network side device being not received within a preset time; and (The examiner does not select this because of the "any one of" statement.)
receiving failure indication information sent by the network side device being received ([0017] The HARQ module 112 of the reception end 110 determines whether an error is generated for the data 3. If an error is generated for the data 3, the HARQ module 112 transmits HARQ NACK information for the data 3 to the HARQ module 104 in step 141).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the communication device, wherein failure of sending the first uplink data is confirmed by using any one of following: feedback information sent by the network side device being not received within a preset time; and receiving failure indication information sent by the network side device being received.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 18, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the communication device, wherein the program or the instruction, when executed by the processor causes the communication device to further perform: retransmitting the first uplink data in a case that a first preset condition is met; wherein the first preset condition comprises at least one of following: a first timer corresponding to the first uplink data expiring, wherein the first timer is configured to allow to retransmit the first uplink data in a case that the first timer expires; or a second timer corresponding to the first uplink data being in a running state, wherein the second timer is configured to prohibit new uplink data transmission within a running period.
However, Park discloses wherein the program or the instruction, when executed by the processor causes the communication device to perform:
retransmitting the first uplink data in a case that a first preset condition is met; wherein ([0018] The HARQ module 104 of the transmission end 100 retransmits the data 3 to the HARQ module 112 of the reception end 110 depending on the HARQ NACK information for the data 3 in step 143)
the first preset condition comprises at least one of following:
a first timer corresponding to the first uplink data expiring, wherein the first timer is configured to allow to retransmit the first uplink data in a case that the first timer expires; or ([0023] when an ARQ timer of the ARQ module 114 expires while the HARQ module 104 and the HARQ module 112 perform retransmission of data 3 in step 151, the ARQ module 114 transmits ARQ NACK information for the data 3 to the ARQ module 102 of the transmission end 100 in step 153)
a second timer corresponding to the first uplink data being in a running state, wherein the second timer is configured to prohibit new uplink data transmission within a running period (The examiner does not select this because of the "at least one of" statement.).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create the communication device, wherein the program or the instruction, when executed by the processor causes the communication device to further perform: retransmitting the first uplink data in a case that a first preset condition is met; wherein the first preset condition comprises at least one of following: a first timer corresponding to the first uplink data expiring, wherein the first timer is configured to allow to retransmit the first uplink data in a case that the first timer expires; or a second timer corresponding to the first uplink data being in a running state, wherein the second timer is configured to prohibit new uplink data transmission within a running period.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 21, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose communication device, wherein a start condition or a restart condition of at least one of the first timer and the second timer comprises any one of following: that the terminal sends second uplink data; that the terminal retransmits the first uplink data; or that feedback information sent by the network side device is not received within a preset time.
However, Park discloses the method, wherein a start condition or a restart condition of at least one of the first timer and the second timer comprises any one of following:
that the terminal sends second uplink data (The examiner does not select this because of the "any one of" statement);
that the terminal retransmits the first uplink data (Fig 1 Data 3 Retransmission Step 155 [0020] The HARQ module 104 of the transmission end 100 and the HARQ module 112 of the reception end 110 perform retransmission of the data 3 until the HARQ module 112 of the reception end 110 receives the data 3 without an error in steps 147 to 155);
or that feedback information sent by the network side device is not received within a preset time ([0023] when an ARQ timer of the ARQ module 114 expires while the HARQ module 104 and the HARQ module 112 perform retransmission of data 3 in step 151, the ARQ module 114 transmits ARQ NACK information for the data 3 to the ARQ module 102 of the transmission end 100 in step 153).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create communication device, wherein a start condition or a restart condition of at least one of the first timer and the second timer comprises any one of following: that the terminal sends second uplink data; that the terminal retransmits the first uplink data; or that feedback information sent by the network side device is not received within a preset time.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Regarding claim 22, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose communication device, wherein the feedback information is used to indicate any one of following: that the first uplink data is received successfully; that the first uplink data fails to be received; and that the terminal sends second uplink data.
However, Park discloses the method, wherein the feedback information is used to indicate any one of following:
that the first uplink data is received successfully ([0052] if an error is not generated for the data 2, the HARQ module 212 transmits HARQ ACK information for the data 2 to the HARQ module 204 of the transmission end 200 in step 233);
that the first uplink data fails to be received; and ([0052] If an error is generated to the data 2, the HARQ module 212 transmits HARQ NACK information for the data 2 to the HARQ module 204 of the transmission end 200 in order to request retransmission of the data 2.)
that the terminal sends second uplink data (The examiner does not select this because of the "any one of" statement.).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Park are considered to be analogous to the claimed invention because both are in the same endeavor of wireless data transmission.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Park to create communication device, wherein the feedback information is used to indicate any one of following: that the first uplink data is received successfully; that the first uplink data fails to be received; and that the terminal sends second uplink data.
The motivation to combine both references would come from the need to provide reception feedback during or after the random access procedure.
Claims 12 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Yang, Papasakellariou, and Xu as applied to claims 1 or 16 above, and further in view of Wu et al (US11997739B2) (hereinafter "Wu").
Regarding claim 12, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the method, further comprising: stopping transmission of the first uplink data in a case that a fourth preset condition is met, wherein the transmission comprises sending and retransmission; wherein the fourth preset condition comprises any one of following: that second configuration information sent by the network side device is received, wherein the second configuration information is used to indicate a quantity of transmission times or transmission duration of the first uplink data; a quantity of transmission times or transmission duration of the first uplink data specified in a protocol; and that preset instruction information is received, wherein the preset instruction information is used to instruct to stop transmission of the first uplink data.
However, Wu discloses the method, further comprising:
stopping transmission of the first uplink data in a case that a fourth preset condition is met, wherein the transmission comprises sending and retransmission; wherein (Col 31, lines 49-54 if the number of the consecutive skips of the pre-configured uplink transmissions by the UE reaches a configured value (implicitReleaseAfter), the UE should release by default the pre-configure uplink resources and stop the pre-configured uplink transmission)
the fourth preset condition comprises any one of following:
that second configuration information sent by the network side device is received, wherein the second configuration information is used to indicate a quantity of transmission times or transmission duration of the first uplink data (The examiner does not select this because of the "any one of" statement.);
a quantity of transmission times or transmission duration of the first uplink data specified in a protocol; and (Col 31, lines 49-54 if the number of the consecutive skips of the pre-configured uplink transmissions by the UE reaches a configured value (implicitReleaseAfter), the UE should release by default the pre-configure uplink resources and stop the pre-configured uplink transmission)
that preset instruction information is received, wherein the preset instruction information is used to instruct to stop transmission of the first uplink data (The examiner does not select this because of the "any one of" statement.).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Wu are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for wireless data transmission reliability.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Wu to create the method, further comprising: stopping transmission of the first uplink data in a case that a fourth preset condition is met, wherein the transmission comprises sending and retransmission; wherein the fourth preset condition comprises any one of following: that second configuration information sent by the network side device is received, wherein the second configuration information is used to indicate a quantity of transmission times or transmission duration of the first uplink data; a quantity of transmission times or transmission duration of the first uplink data specified in a protocol; and that preset instruction information is received, wherein the preset instruction information is used to instruct to stop transmission of the first uplink data.
The motivation to combine both references would come from the need to terminate transmission and release/conserve resources (e.g., configured link resources, battery power) in the event the radio channel becomes unreliable.
Regarding claim 25, Zhang, as modified by Yang, Papasakellariou, and Xu, fails to disclose the communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to further perform: stopping transmission of the first uplink data in a case that a fourth preset condition is met, wherein the transmission comprises sending and retransmission; wherein the fourth preset condition comprises any one of following: that second configuration information sent by the network side device is received, wherein the second configuration information is used to indicate a quantity of transmission times or transmission duration of the first uplink data; a quantity of transmission times or transmission duration of the first uplink data specified in a protocol; and that preset instruction information is received, wherein the preset instruction information is used to instruct to stop transmission of the first uplink data.
However, Wu discloses the communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to further perform:
stopping transmission of the first uplink data in a case that a fourth preset condition is met, wherein the transmission comprises sending and retransmission; wherein (Col 31, lines 49-54 if the number of the consecutive skips of the pre-configured uplink transmissions by the UE reaches a configured value (implicitReleaseAfter), the UE should release by default the pre-configure uplink resources and stop the pre-configured uplink transmission)
the fourth preset condition comprises any one of following:
that second configuration information sent by the network side device is received, wherein the second configuration information is used to indicate a quantity of transmission times or transmission duration of the first uplink data (The examiner does not select this because of the "any one of" statement.);
a quantity of transmission times or transmission duration of the first uplink data specified in a protocol; and (Col 31, lines 49-54 if the number of the consecutive skips of the pre-configured uplink transmissions by the UE reaches a configured value (implicitReleaseAfter), the UE should release by default the pre-configure uplink resources and stop the pre-configured uplink transmission)
that preset instruction information is received, wherein the preset instruction information is used to instruct to stop transmission of the first uplink data (The examiner does not select this because of the "any one of" statement.).
Zhang, as modified by Yang, Papasakellariou, and Xu, and Wu are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for wireless data transmission reliability.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang, as modified by Yang, Papasakellariou, and Xu, with Wu to create the communication device, wherein the program or the instruction, when executed by the processor, causes the communication device to further perform: stopping transmission of the first uplink data in a case that a fourth preset condition is met, wherein the transmission comprises sending and retransmission; wherein the fourth preset condition comprises any one of following: that second configuration information sent by the network side device is received, wherein the second configuration information is used to indicate a quantity of transmission times or transmission duration of the first uplink data; a quantity of transmission times or transmission duration of the first uplink data specified in a protocol; and that preset instruction information is received, wherein the preset instruction information is used to instruct to stop transmission of the first uplink data.
The motivation to combine both references would come from the need to terminate transmission and release/conserve resources (e.g., configured link resources, battery power) in the event the radio channel becomes unreliable.
Response to Arguments
Applicant's arguments filed 04/22/2026 have been fully considered but they are not persuasive.
On pages 11-12 of Applicant's remarks, Applicant submits that " It can be seen that paragraph [0261] of Papasakellariou discloses a process for HARO-ACK feedback based on the number of divided CBGs, this content also does not involve data retransmission, nor does it involve retransmission resources. Therefore, paragraph [0261] of Papasakellariou does not disclose the scheme of the above limitation A, i.e., that "a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data". Furthermore, Papasakellariou also does not involve the remaining scheme of the above limitation A, i.e., that "in a case that a data size capable of sending by the retransmission resource is different from a data size of the first uplink data, the first uplink data is retransmitted through a retransmission channel after being reconstructed; and a data size of the reconstructed first uplink data matches the data size capable of sending by the retransmission resource."
Examiner respectfully disagrees. In a cursory review of Papasakellariou, the subject matter is disclosed. In particular, paragraphs [0115], [0125], and [0237] suggests that the content of an uplink retransmission is the same content as the initial uplink transmission. Consequently, the data size of the uplink retransmission is the same data size as the initial uplink transmission. Therefore, the broadest reasonable interpretation of Papasakellariou is the disclosure of "wherein a data size capable of sending by the retransmission resource is the same as a data size of the first uplink data."
On page 13 of Applicant's remarks, Applicant states, "It can be seen that Xu only discloses that the trigger condition for retransmission is that the counter is less than the threshold and no acknowledge frame is received within the timer, but neither discloses the "time location of the retransmission resource" nor does it involve how the specific time location of the retransmission resource is determined. Therefore, Xu does not disclose or teach or suggest the above limitation B of amended claim 1. In addition, Zhang, Yang, Papasakellariou, and Xu do not involve the above limitation B of amended claim 1."
The Examiner respectfully disagrees, noting that in Figure 2d of Xu, a terminal transmits a number of retransmissions using grant-free resources during the third duration. In addition, the figure also shows time locations (second duration) between initial transmissions and subsequent retransmissions. Therefore, the broadest reasonable interpretation of Xu is the disclosure of "a time location at which the terminal determines to perform retransmission; and a preset quantity of time locations after the time location at which the terminal determines to perform retransmission."
Conclusion
THIS ACTION IS MADE FINAL. 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 D. Little whose telephone number is (571)272-5748. The examiner can normally be reached M-Th 8-6 ET.
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/D LITTLE/
Examiner, Art Unit 2419
/PAO SINKANTARAKORN/Primary Examiner, Art Unit 2409
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