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 12/17/2025.
Claims 1-6, 8, 11-12, 16-18 and 21-25 are pending and presented for examination. Claims 1, 3, 11, 16 and 18 are amended. Claims 7, 9-10, 13-15 and 19-20 are canceled. Claims 24 and 25 are added.
Response to Amendments
Claims 1, 3, 11, 16 and 18 have been considered based on amendments.
Claims 24 and 25 have been added and considered.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/17/2025 has been entered.
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") and Papasakellariou et al (US20180167932A1) (hereinafter "Papasakellariou").
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.);
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.
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.);
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.
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 and Papasakellariou 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 11 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Xu et al (US20190166609A1) (hereinafter "Xu").
Regarding claim 11, Zhang, as modified by Yang and Papasakellariou, 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)
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, as modified by Yang and Papasakellariou, 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, as modified by Yang and Papasakellariou, 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 24, Zhang, as modified by Yang and Papasakellariou, 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)
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, as modified by Yang and Papasakellariou, 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, as modified by Yang and Papasakellariou, 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.
Claims 12 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Wu et al (US11997739B2) (hereinafter "Wu").
Regarding claim 12, Zhang, as modified by Yang and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 and Papasakellariou, 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 with respect to claims 1 and 16 and associated dependent claims 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lou et al (US 20200374040 A1) discloses methods for compressing hybrid automatic repeat request acknowledgement feedback bits performed by a wireless transmit/receive unit receiving a transmit block including code block group data.
Yang et al (US 20220303064 A1) discloses a method of transmitting a hybrid automatic repeat request acknowledgement report by receiving downlink control information of a downlink grant format through a physical downlink control channel; and transmitting a HARQ-ACK report based on the DCI of the DL grant format.
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 EST.
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/D LITTLE/Examiner, Art Unit 2419
/Nishant Divecha/ Supervisory Patent Examiner, Art Unit 2419