DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The following is a final office action in response to applicant’s amendment filed on 07/15/2026 for response of the office action mailed on 04/15/2026. Claims 1 and 11 have been amended. Claims 5-7, 9-10, 15-17 and 19-20 have been cancelled. Claims 1-4, 8, 11-14 and 18 are pending in this application.
Response to Arguments
Applicant's arguments filed 07/15/2026 have been fully considered but they are not persuasive/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.
Main argument(s):
Claim 1 recites "considering, by a medium access control (MAC) entity of the UE, the transmission to be a new transmission, if the HARQ process is associated with a transmission indicated with the G-RNTI for the MBS broadcast, and the transmission is a first received transmission for the TB according to a MTCH schedule indicated by a radio resource control (RR C)." This limitation specifies a unique mechanism where the MAC entity determines whether a transport block (TB) transmission is an initial (new) transmission based on the condition of an "MTCH schedule indicated by RRC." In the context of higher-layer scheduling versus physical (PHY)-layer signaling, in Claim 1 if the acquired TB is the first received transmission according to the MTCH schedule indicated by the RRC, the UE determines the corresponding TB transmission to be a new transmission. That is, the criterion for the UE to determine whether a TB transmission is a new transmission is not based on a physical (PHY) layer indicator like a DCI, but rather based on the MTCH schedule information configured by the higher layer (RRC).
In contrast, the mechanisms disclosed in Lee (and Matsuda) determine whether a transmission is a new transmission or a retransmission via DCI, which is PHY layer signaling. The methods in Lee (and Matsuda) rely on the NDI (New Data Indicator) and HPN (HARQ Process Number) values of the DCI-which are completely independent of higher-layer scheduling-to determine initial transmissions. Therefore, the disclosures of Lee (and Matsuda) are fundamentally different from the claimed operation where the MAC entity determines the initial transmission status based on the scheduling explicitly indicated by the RRC layer. The prior art fails to disclose or suggest this higher layer-driven determination.
The Office Action asserts that the RRC indication feature of the present invention is met by some RRC signaling-related contents in Lee. Specifically, the Office Action cites paragraphs [0251]-[0252] of Lee. However, that citation is a misinterpretation of the cited reference. The contents described in paragraphs [0251]-[0252] of Lee merely pertain to the UE reporting its own MBS interest to the base station via RRC, MAC CE, or UCI. This is an uplink reporting procedure from the UE to the network. This disclosure is completely irrelevant to, and entirely different from, the claimed feature where the MTCH schedule is indicated to the UE based on downlink RRC signaling received from the base station.
Because Lee (and Matsuda) only disclose PHY-layer bit indication methods (e.g., NDI/HPN) and fail to teach the MAC entity's determination of a new transmission based on an RRC-indicated MTCH schedule, Claim 1 is novel and non-obvious.
Response: Examiner has considered the applicant’s arguments and respectfully disagrees.
Due to the nature of the amendment(s) made to the independent claims, the Office no longer relies solely on Lee (US 2025/0097929 A1) and instead introduces the combination of Lee and ETSI TS 138 321 V16.7.0 to teach and/or disclose the amended features of the independent claims (and dependent claims). The applicant argues that Lee determines whether a transmission is new based only on physical-layer DCI/NDI signaling, whereas the claimed method determines that a transmission is new based on higher-layer RRC scheduling. However, due to the nature of the amendment(s) made to the independent claims, the rejection does not rely solely on Lee for the determination of a new transmission. ETSI teaches that for a broadcast HARQ process, when the transmission is the first received transmission for the TB according to a schedule indicated by RRC, the transmission is considered to be a new transmission (Pages 39-40, Section 5.3.2.1-. The applied prior art teaches a MAC/HARQ determination of a new transmission based on RRC-indicated scheduling rather than solely physical-layer DCI/NDI signaling. Lee is relied upon for the MBS/MTCH/G-RNTI context. In particular, Lee teaches RRC-configured PDSCH time-domain resources, MBS service-to-resource mappings provided by RRC, MBS data carried over a MTCH, G-RNTI-scrambled DCI and a MBS service associated with a HARQ process number. Lee further teaches DCI scheduling the MBS PDSCH may identify the corresponding MTCH. Therefore, it would have been obvious to one of ordinary skill in the art to apply ETSI’s known RRC-schedule-based MAC/HARQ determination to Lee’s RRC configured MBS/MTCH transmission to distinguish a new transmission from a transmission using the standardized MAC/HARQ procedures from 3GPP.
Examiner acknowledges the applicant’s arguments regarding ¶0251-¶0252. However, these paragraphs are not relied upon in the present rejection for the claimed MTCH/RRC scheduling. Rather, the rejection relies on the combination of Lee and ETSI, as explained above.
Lastly, In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the criterion for the UE to determine whether a TB transmission is a new transmission is not based on a physical (PHY) layer indicator like a DCI) are not recited in the rejected claim(s). In other words, the independent claims do not exclude the use of DCI or require that the determination be made solely from RRC information. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 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 1-4, 8, 11-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (US 2025/0097929 A1), Lee hereinafter, and further in view of ETSI TS 138 321 V16.7.0, “5G; NR’ Medium Access Control (MAC) protocol specification (3GPP TS 38.321 version 16.7.0 Release 16),” Jan. 2022, ETSI hereinafter.
Re. Claim 1, Lee teaches a method performed by a user equipment (UE) in a wireless communication system, (Fig. 8-12, 17);
the method comprising: receiving, from a base station, a message including information on a physical downlink shared channel (PDSCH) aggregation factor for a multicast and broadcast service (MBS) broadcast related with an MBS traffic channel (MTCH); (Fig. 9A-B & ¶0188 – Method for Transmitting and Receiving Multicast Broadcast Service (MBS)-Related Channel/Signal. ¶0192 - MTCH: Multicast Traffic Channel ¶0278 - A base station may transmit a PDSCH carrying corresponding MBS service data to a UE (S904a, S904b). ¶0311 - if a PDSCH aggregation factor (pdsch-AggregationFactor) is configured for a G-RNTI or a base station indicates a repetition number (repeat_number) in DCI, a TB scheduled by group common DCI may be repeated for the Nth HARQ transmission of a TB within each symbol allocation among each PDSCH aggregation factor (pdsch-AggregationFactor) consecutive slots or among each repetition number (repeat_number) consecutive slots);
receiving, from the base station, downlink control information (DCI) scheduling a PDSCH, the DCI being scrambled by a group radio network temporary identifier (G-RNTI) for the MBS broadcast; (Fig. 9A-B & ¶0188 - A PDSCH transmitting SC-MCCH or SC-MTCH data is scheduled through a PDCCH indicated by a group-RNTI (G-RNTI). ¶0242 - a DCI format (or PDCCH) for scheduling reception of a PDSCH carrying an MBS service (i.e., MBS TB) may be referred to as an MBS DCI format (or PDCCH) or a multicast DCI format (or PDCCH). For example, a DCI format (or PDCCH) with a CRC scrambled by a G-RNTI (group-RNTI) or a G-CS-RNTI ((group-configured scheduling-RNTI) scheduling PDSCH reception may be referred to as an MBS DCI format (or PDCCH) or a multicast DCI format (or PDCCH). ¶0278 - … if a UE is interested in the determined MBS service(s), the UE can receive PDSCH transmission scheduled by DCI (S905a, S905b));
obtaining a transport block (TB) of a transmission associated with a hybrid automatic repeat request (HARQ) process from the PDSCH; (¶0240 - Here, when a transport block (TB) for a multicast PDSCH (or group common PDSCH) is successfully decoded, a UE transmits an ACK as HARQ-ACK information. ¶0267 - If a data unit is available in a Multicast Traffic Channel (MTCH) of an MBS radio bearer (MRB) for an MBS service … a base station constructs and transmits a transport block (TB) including a data unit for an SPS PDSCH occasion…);
if the HARQ process is associated with a transmission indicated with the G- RNTI for the MBS broadcast, (¶0273 – Here, a CRC of the DCI may be scrambled by a G-RNTI … ¶0279 - In addition, the DCI may include … A HARQ process number … ¶0280 - … a base station may provide a UE with one or more of the following service-to-resource mappings for an MBS service identified by … a G-RNTI … ¶0281 - If a UE receives DCI with a CRC scrambled by a G-RNTI of interest in receiving, based on i) a mapping between MBS services and a HARQ process number (HPN) indicated in DCI and/or ii) (if available) a mapping between MBS services and an indicated short ID(s) in DCI, a UE may determine an MBS service related to one or more of short ID, MTCH ID, MRB ID, G-RNTI value, and TMGI value for each PDSCH occasion);
and the transmission is a first received transmission for the TB according to a MTCH schedule indicated by a radio resource control (RRC); (¶0260 - Upon receiving the message/information, a base station may transmit at least one of … ii) one or more group common PDSCH configurations including TCI states for one or more G-RNTI value(s), iii) a search space (SS) configuration including TCI states for one or more G-RNTI value(s) to the UE through an RRC message (S901a, S901b). ¶0262 - Upon receiving an RRC message from a base station, a UE may configure one or more group common PDSCH (e.g., group common SPS PDSCH) configurations according to the RRC message. ¶0267 - C. Each PDSCH configuration (e.g., RRC parameter PDSCH-config) may include at least information elements (IE) for multicast and/or broadcast as shown in Table 9 below. ¶0268 - Table 9 illustrates the PDSCH-Config IE used to configure PDSCH parameters … pdsch-TimeDomainAllocationList SetupRelease { PDSCH- TimeDomainResourceAllocationList } OPTIONAL, -- Need M pdsch-AggregationFactor ENUMERATED { n2, n4, n8 }); ¶0280 - In the case of group common dynamic scheduling, a base station may provide a UE with one or more of the following service-to-resource mappings for an MBS service identified by a TMGI or a G-RNTI or a GC-CS-RNTI i) by a group common or UE-specific RRC message or ii) by a group common or UE-specific MAC CE. Data of an MBS service can be carried over an MBS radio bearer (MRB) of an MTCH associated with an MBS service, … DCI scheduling a PDSCH carrying MBS service data may also indicate one or more of a short ID, an MTCH ID, an MRB ID, a G-RNTI value, and a TMGI value for an MBS service);
and receiving, from the base station, at least one retransmission for the TB based on the PDSCH aggregation factor (Fig. 9B, 13-15 & ¶0311 - Meanwhile, if a PDSCH aggregation factor (pdsch-AggregationFactor) is configured for a G-RNTI or a base station indicates a repetition number (repeat_number) in DCI, a TB scheduled by group common DCI may be repeated for the Nth HARQ transmission of a TB within each symbol allocation among each PDSCH aggregation factor (pdsch-AggregationFactor) consecutive slots or among each repetition number (repeat_number) consecutive slots. ¶0312 - A base station receiving a HARQ NACK with a TCI state may retransmit a PDCCH and a PDSCH with a TCI state in a DL CFR configured for TB retransmission. A UE may monitor a group common and/or UE-specific PDCCH with a TCI state on a search space configured in a DL CFR to receive TB retransmission (S907b). Please also see ¶0313-¶0315);
Yet, Lee does not explicitly teach considering, by a medium access control (MAC) entity of the UE, the transmission to be a new transmission,
However, in the analogous art, ETSI explicitly teaches considering, by a medium access control (MAC) entity of the UE, the transmission to be a new transmission, (Page 39-40, Section 5.3.2.1 – 3.3.2.2 - The MAC entity includes a HARQ entity for each Serving Cell, which maintains a number of parallel HARQ processes. When a transmission takes place for the HARQ process, one or two (in case of downlink spatial multiplexing) TBs and the associated HARQ information are received from the HARQ entity. For each received TB and associated HARQ information, the HARQ process shall: if the HARQ process is equal to the broadcast process, and this is the first received transmission for the TB according to the system information schedule indicated by RRC; or 1> if this is the very first received transmission for this TB (i.e. there is no previous NDI for this TB): 2> consider this transmission to be a new transmission).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to add the teaching of ETSI to the teaching of Lee. The motivation would be because ETSI provides standardized MAC/HARQ procedures for determining whether a received TB is a new transmission or a retransmission (Pages 39-40, Section 5.3.2 HARQ operation, ETSI).
Re. Claims 2 and 12, Lee and ETSI teach Claims 1 and 11.
Yet, Lee does not explicitly teach based on the transmission being the new transmission, decoding data for the TB, and delivering the decoded data to a disassembly and demultiplexing entity/ based on the transmission being the new transmission, decode data for the TB, and deliver the decoded data to a disassembly and demultiplexing entity.
However, in the analogous art, ETSI explicitly teaches based on the transmission being the new transmission, decoding data for the TB, and delivering the decoded data to a disassembly and demultiplexing entity/based on the transmission being the new transmission, decode data for the TB, and deliver the decoded data to a disassembly and demultiplexing entity (Page 39-40, Section 5.3.2.1 – 3.3.2.2 - The MAC entity then shall: 1> if this is a new transmission: 2> attempt to decode the received data. … 1> if the data for this TB was successfully decoded before: 2> else if this is the first successful decoding of the data for this TB: 3> deliver the decoded MAC PDU to the disassembly and demultiplexing entity).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to add the teaching of ETSI to the teaching of Lee. The motivation would be because ETSI provides standardized MAC/HARQ procedures for determining whether a received TB is a new transmission or a retransmission (Pages 39-40, Section 5.3.2 HARQ operation, ETSI).
Re. Claims 3 and 13, Lee and ETSI teach Claims 1 and 11.
Yet, Lee does not explicitly teach decoding/decode the TB by combining data of the new transmission and data of the at least one retransmission.
However, in the analogous art, ETSI explicitly teaches decoding/decode the TB by combining data of the new transmission and data of the at least one retransmission (Page 39-40, Section 5.3.2.1 – 3.3.2.2 - The MAC entity then shall: 1> if this is a new transmission: 2> attempt to decode the received data. 1> else if this is a retransmission: 2> if the data for this TB has not yet been successfully decoded: 3> instruct the physical layer to combine the received data with the data currently in the soft buffer for this TB and attempt to decode the combined data).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to add the teaching of ETSI to the teaching of Lee. The motivation would be because ETSI provides standardized MAC/HARQ procedures for determining whether a received TB is a new transmission or a retransmission (Pages 39-40, Section 5.3.2 HARQ operation, ETSI).
Re. Claims 4 and 14, Lee and ETSI teach Claims 1 and 11.
Lee further teaches the transmission includes a downlink assignment for the HARQ process (Fig. 8 & ¶0114 - In reference to Table 5, DCI formats 0_0, 0_1 and 0_2 may include … a NDI (New Data Indicator), a RV (Redundancy Version), etc.), information related to a HARQ (Hybrid-Automatic Repeat and request) (e.g., a process number, a DAI (Downlink Assignment Index), PDSCH-HARQ feedback timing, etc.) … ¶0180 - Here, a PDCCH includes downlink scheduling information (e.g., DCI formats 1_0 and 1_1), and a PDCCH indicates a DL assignment-to-PDSCH offset (K0) and a PDSCH-HARQ-ACK reporting offset (K1)).
Re. Claims 8 and 18, Lee and ETSI teach Claims 1 and 11.
Yet, Lee does not explicitly teach the HARQ process is performed by a HARQ entity of the UE.
However, in the analogous art, ETSI explicitly teaches the HARQ process is performed by a HARQ entity of the UE (Page 39-40, Section 5.3.2.1 – 3.3.2.2 - The MAC entity includes a HARQ entity for each Serving Cell, which maintains a number of parallel HARQ processes … The HARQ entity directs HARQ information and associated TBs received on the DL-SCH to the corresponding HARQ processes (see clause 5.3.2.2)).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to add the teaching of ETSI to the teaching of Lee. The motivation would be because ETSI provides standardized MAC/HARQ procedures for determining whether a received TB is a new transmission or a retransmission (Pages 39-40, Section 5.3.2 HARQ operation, ETSI).
Re. Claim 11, Lee teaches a user equipment (UE) comprising: at least one transceiver; at least one processor communicatively coupled to the at least one transceiver; and at least one memory, communicatively coupled to the at least one processor, storing instructions executable by the at least one processor individually or in any combination to cause the UE to: (Fig. 18);
receive, from a base station, a message including information on a physical downlink shared channel (PDSCH) aggregation factor for a multicast and broadcast service (MBS) broadcast related with an MBS traffic channel (MTCH), (Fig. 9 & ¶0188 – Method for Transmitting and Receiving Multicast Broadcast Service (MBS)-Related Channel/Signal. ¶0192 - MTCH: Multicast Traffic Channel ¶0278 - A base station may transmit a PDSCH carrying corresponding MBS service data to a UE (S904a, S904b). ¶0311 - if a PDSCH aggregation factor (pdsch-AggregationFactor) is configured for a G-RNTI or a base station indicates a repetition number (repeat_number) in DCI, a TB scheduled by group common DCI may be repeated for the Nth HARQ transmission of a TB within each symbol allocation among each PDSCH aggregation factor (pdsch-AggregationFactor) consecutive slots or among each repetition number (repeat_number) consecutive slots);
receive, from the base station, downlink control information (DCI) scheduling a PDSCH, the DCI being scrambled by a group radio network temporary identifier (G- RNTI) for the MBS broadcast, (Fig. 9 & ¶0188 - A PDSCH transmitting SC-MCCH or SC-MTCH data is scheduled through a PDCCH indicated by a group-RNTI (G-RNTI). ¶0242 - a DCI format (or PDCCH) for scheduling reception of a PDSCH carrying an MBS service (i.e., MBS TB) may be referred to as an MBS DCI format (or PDCCH) or a multicast DCI format (or PDCCH). For example, a DCI format (or PDCCH) with a CRC scrambled by a G-RNTI (group-RNTI) or a G-CS-RNTI (group-configured scheduling-RNTI) scheduling PDSCH reception may be referred to as an MBS DCI format (or PDCCH) or a multicast DCI format (or PDCCH). ¶0278 - … if a UE is interested in the determined MBS service(s), the UE can receive PDSCH transmission scheduled by DCI (S905a, S905b));
obtain a transport block (TB) of a transmission associated with a hybrid automatic repeat request (HARQ) process from the PDSCH, (¶0240 - Here, when a transport block (TB) for a multicast PDSCH (or group common PDSCH) is successfully decoded, a UE transmits an ACK as HARQ-ACK information. ¶0267 - If a data unit is available in a Multicast Traffic Channel (MTCH) of an MBS radio bearer (MRB) for an MBS service … a base station constructs and transmits a transport block (TB) including a data unit for an SPS PDSCH occasion…);
if the HARQ process is associated with a transmission indicated with the G-RNTI for the MBS broadcast, (¶0273 – Here, a CRC of the DCI may be scrambled by a G-RNTI … ¶0279 - In addition, the DCI may include … A HARQ process number … ¶0280 - … a base station may provide a UE with one or more of the following service-to-resource mappings for an MBS service identified by … a G-RNTI … ¶0281 - If a UE receives DCI with a CRC scrambled by a G-RNTI of interest in receiving, based on i) a mapping between MBS services and a HARQ process number (HPN) indicated in DCI and/or ii) (if available) a mapping between MBS services and an indicated short ID(s) in DCI, a UE may determine an MBS service related to one or more of short ID, MTCH ID, MRB ID, G-RNTI value, and TMGI value for each PDSCH occasion);
and the transmission is a first received transmission for the TB according to a MTCH schedule indicated by a radio resource control (RRC), (¶0260 - Upon receiving the message/information, a base station may transmit at least one of … ii) one or more group common PDSCH configurations including TCI states for one or more G-RNTI value(s), iii) a search space (SS) configuration including TCI states for one or more G-RNTI value(s) to the UE through an RRC message (S901a, S901b). ¶0262 - Upon receiving an RRC message from a base station, a UE may configure one or more group common PDSCH (e.g., group common SPS PDSCH) configurations according to the RRC message. ¶0267 - C. Each PDSCH configuration (e.g., RRC parameter PDSCH-config) may include at least information elements (IE) for multicast and/or broadcast as shown in Table 9 below. ¶0268 - Table 9 illustrates the PDSCH-Config IE used to configure PDSCH parameters … pdsch-TimeDomainAllocationList SetupRelease { PDSCH- TimeDomainResourceAllocationList } OPTIONAL, -- Need M pdsch-AggregationFactor ENUMERATED { n2, n4, n8 }); ¶0280 - In the case of group common dynamic scheduling, a base station may provide a UE with one or more of the following service-to-resource mappings for an MBS service identified by a TMGI or a G-RNTI or a GC-CS-RNTI i) by a group common or UE-specific RRC message or ii) by a group common or UE-specific MAC CE. Data of an MBS service can be carried over an MBS radio bearer (MRB) of an MTCH associated with an MBS service, … DCI scheduling a PDSCH carrying MBS service data may also indicate one or more of a short ID, an MTCH ID, an MRB ID, a G-RNTI value, and a TMGI value for an MBS service.
and receive, from the base station, at least one retransmission for the TB based on the PDSCH aggregation factor (Fig. 9B, 13-15 & ¶0311 - Meanwhile, if a PDSCH aggregation factor (pdsch-AggregationFactor) is configured for a G-RNTI or a base station indicates a repetition number (repeat_number) in DCI, a TB scheduled by group common DCI may be repeated for the Nth HARQ transmission of a TB within each symbol allocation among each PDSCH aggregation factor (pdsch-AggregationFactor) consecutive slots or among each repetition number (repeat_number) consecutive slots. ¶0312 - A base station receiving a HARQ NACK with a TCI state may retransmit a PDCCH and a PDSCH with a TCI state in a DL CFR configured for TB retransmission. A UE may monitor a group common and/or UE-specific PDCCH with a TCI state on a search space configured in a DL CFR to receive TB retransmission (S907b). Please also see ¶0313-¶0315);
Yet, Lee does not explicitly consider, by a medium access control (MAC) entity of the UE, the transmission to be a new transmission,
However, in the analogous art, ETSI explicitly teaches consider, by a medium access control (MAC) entity of the UE, the transmission to be a new transmission, (Page 39-40, Section 5.3.2.1 – 3.3.2.2 - The MAC entity includes a HARQ entity for each Serving Cell, which maintains a number of parallel HARQ processes. When a transmission takes place for the HARQ process, one or two (in case of downlink spatial multiplexing) TBs and the associated HARQ information are received from the HARQ entity. For each received TB and associated HARQ information, the HARQ process shall: if the HARQ process is equal to the broadcast process, and this is the first received transmission for the TB according to the system information schedule indicated by RRC; or 1> if this is the very first received transmission for this TB (i.e. there is no previous NDI for this TB): 2> consider this transmission to be a new transmission).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to add the teaching of ETSI to the teaching of Lee. The motivation would be because ETSI provides standardized MAC/HARQ procedures for determining whether a received TB is a new transmission or a retransmission (Pages 39-40, Section 5.3.2 HARQ operation, ETSI).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA WILLIAMS whose telephone number is (571)270-7673. The examiner can normally be reached Mon-Fri 8-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman Abaza can be reached on (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA WILLIAMS/Examiner, Art Unit 2465B /CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
