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
This is in response to an amendment/response filed 10/22/2025.
No claims have been cancelled.
No claims have been added.
Claims 1-20 are now pending.
Response to Arguments
Applicant's arguments filed 10/22/2025 have been fully considered but they are not persuasive.
On page 9-14 of the remarks, in regard to the independent claims, the Applicant disagrees with the rejection under 35 U.S.C. 102(a)(1) as being anticipated by Xia et al. US 20200187225 (hereinafter “Xia”).
Specifically, the Applicant remarks:
Xia does not disclose that two different control fields in DCI indicate a time-frequency resource. Therefore, Xia does not explicitly or inherently disclose "the first indication information indicates a time-frequency resource and a modulation and coding scheme (MCS) of first data"
Xia does not disclose a second type of data is sent using the first type of resource and second type of resource. Therefore, Xia does not explicitly or inherently disclose "the time-frequency resource comprises a first time-frequency resource for carrying the first data, and a second time-frequency resource for carrying second data"
Xia does not disclose determining a first time-frequency resource, a second time-frequency resource or a MCS used. Therefore, Xia does not explicitly or inherently disclose "determining the first time-frequency resource, the second time-frequency resource, and an MCS of the second data, wherein at least one of the first time-frequency resource, the second time-frequency resource, or the MCS of the second data is determined based on the first indication information"
Xia does not explicitly or inherently disclose the "the time- frequency resource comprises a first time-frequency resource for carrying the first data, and a second time-frequency resource for carrying second data". Therefore, Xia does not explicitly or inherently disclose "either sending the first data to the network device on the first time-frequency resource based on the MCS of the first data, and sending the second data to the network device on the second time-frequency resource based on the MCS of the second data; or receiving the first data from the network device on the first time-frequency resource based on the MCS of the first data, and receiving the second data from the network device on the second time-frequency resource based on the MCS of the second data"
The Examiner respectfully disagrees.
Regarding (1), Xia clearly indicates that "MCS used for the first type of resource and an MCS used for the second type of resource are indicated by two different control fields in DCI" which maps to "two different control fields in DCI" for indicating "time-frequency resource".
Regarding (2), Xia explicitly mentions that for the embodiment in the disclosure "downlink control information (DCI) for scheduling the first type of data is located in at least the first type of resource; and DCI for scheduling the second type of data is located in the second type of resource" in [0115] which carries over to what's taught in [0118]. This maps to "the time-frequency resource comprises a first time-frequency resource for carrying the first data, and a second time-frequency resource for carrying second data"
Regarding (3), Xia explicitly mentions in [0118] "when the transmitting end transmits the first type of data over the first type of resource and the second type of resource by using different MCSs", which implies first and second type of resource uses different MCSs. This maps to "determining a first time-frequency resource, a second time-frequency resource or a MCS used".
Regarding (4), Xia explicitly mentions that for the embodiment in the disclosure "downlink control information (DCI) for scheduling the first type of data is located in at least the first type of resource; and DCI for scheduling the second type of data is located in the second type of resource" in [0115] which carries over to what's taught in [0118]. This maps to "the time- frequency resource comprises a first time-frequency resource for carrying the first data, and a second time-frequency resource for carrying second data".
On page 14-15 of the remarks, in regard to the dependent claims, the Applicant states that the claims are allowable at least due to the deficiencies of the ground of rejection applied to the independent claims.
The Examiner respectfully disagrees.
The Examiner kindly refer the Applicant to the reasoning pertaining to the independent claims, detailed above.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 6, 11, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xia et al. US 20200187225 (hereinafter “Xia”).
As to claim 1 and 11 (claim 1 is the method claim for the apparatus in claim 11):
A communication apparatus, comprising: at least one processor; and a memory storing programming instructions for execution executable by the at least one processor, the programming instructions instructing to instruct the communication apparatus to perform operations comprising: (“As shown in FIG. 12, the electronic device includes a processor 1201; and a memory 1202 storing instructions executable by the processor 1201. When the instructions are executed by the processor 1201,”, Xia [0234])
A communication method, comprising: receiving first indication information from a network device (“indicated by two different control fields in DCI”, Xia [0118]), wherein the first indication information indicates a time-frequency resource and a modulation and coding scheme (MCS} of first data, and the time-frequency resource comprises a first time-frequency resource for carrying the first data, and a second time-frequency resource for carrying second data; (“when the transmitting end transmits the first type of data over the first type of resource and the second type of resource by using different MCSs, an MCS index used for the second type of resource is lower than an MCS index used for the first type of resource. In an embodiment of the present disclosure, when the transmitting end transmits the first type of data over the first type of resource and the second type of resource by using different MCSs, an MCS used for the first type of resource and an MCS used for the second type of resource are indicated by two different control fields in DCI for scheduling the first type of data, or the MCS used for the first type of resource is indicated by a control field in the DCI for scheduling the first type of data, and the MCS used for the second type of resource has a preset offset from the MCS used for the first type of resource.”, Xia [0118])
determining the first time-frequency resource, the second time-frequency resource, and an MCS of the second data, wherein at least one of the first time-frequency resource, the second time- frequency resource, or the MCS of the second data is determined based on the first indication information; (“When the receiving end is a receiving end for receiving the first type of data, the receiving end determines, according to the resource allocation control field in the DCI, that the resource type of the to-be-received data includes one of: the first type of resource; or the first type of resource and the second type of resource.”, Xia [0041]) (“In an embodiment of the present disclosure, when the transmitting end transmits the first type of data over the first type of resource and the second type of resource by using different MCSs, an MCS used for the first type of resource and an MCS used for the second type of resource are indicated by two different control fields in DCI for scheduling the first type of data, or the MCS used for the first type of resource is indicated by a control field in the DCI for scheduling the first type of data, and the MCS used for the second type of resource has a preset offset from the MCS used for the first type of resource.”, Xia [0118])
and either sending the first data to the network device on the first time-frequency resource based on the MCS of the first data, and sending the second data to the network device on the second time- frequency resource based on the MCS of the second data; (“In an embodiment of the present disclosure, the transmitting end transmits the first type of data over the first type of resource and the second type of resource by using a same modulation and coding scheme (MCS) or different MCSs.”, Xia [0117])
or receiving the first data from the network device on the first time-frequency resource based on the MCS of the first data, and receiving the second data from the network device on the second time-frequency resource based on the MCS of the second data.
As to claim 6 and 16 (claim 6 is the method claim for the apparatus in claim 16):
Claim 6 is rejected on the same grounds of rejection set forth in claim 1 from the perspective of the network device (or base station).
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.
Claim(s) 2-5, 7-10, 12-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xia, as applied to claim 1 above, and further in view of Zhou et al. US 20230122052 (hereinafter “Zhou”)
As to claim 2 and 12 (claim 2 is the method claim for the apparatus in claim 12):
Xia as described above does not explicitly teach:
The method according to claim 1, wherein the determining the first time- frequency resource comprises: determining a size of the first data, and determining the first time-frequency resource based on the size of the first data and the MCS of the first data; or determining the first time-frequency resource based on the time-frequency resource and a relationship between the first time-frequency resource and the time-frequency resource; or receiving second indication information, and determining the first time-frequency resource based on the second indication information; or determining the first time-frequency resource based on the time-frequency resource and the second time-frequency resource.
However, Zhou further teaches determining transmission resources based on the indicated information which includes:
The method according to claim 1, wherein the determining the first time- frequency resource comprises: determining a size of the first data, and determining the first time-frequency resource based on the size of the first data and the MCS of the first data; or determining the first time-frequency resource based on the time-frequency resource and a relationship between the first time-frequency resource and the time-frequency resource; or receiving second indication information, and determining the first time-frequency resource based on the second indication information;
or determining the first time-frequency resource based on the time-frequency resource and the second time-frequency resource. (“determining the uplink transmission resources and the TBSs or the MCSs configured by the network side by the terminal includes: determining the TBSs or the MCSs and the PRACH resources and the PUSCH resources in the MSGA from a received broadcast signaling; determining, according to the mapping relationship, a quantity of information bits that can be carried in each uplink transmission resource in the MSGA; selecting one of the uplink transmission resources according to a size of an uplink data block to be transmitted and determining a corresponding TBS or MCS.”, Zhou [0049])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining transmission resources based on the indicated information as described in Zhou into Xia. By modifying the method to include determining transmission resources based on the indicated information as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 3 and 13 (claim 3 is the method claim for the apparatus in claim 13):
Xia as described above does not explicitly teach:
The method according to claim 1, wherein the method further comprises: receiving fifth indication information from the network device; and determining a size of the first data based on the fifth indication information.
However, Zhou further teaches determining transmission resources based on the indicated information which includes:
The method according to claim 1, wherein the method further comprises: receiving fifth indication information from the network device; and determining a size of the first data based on the fifth indication information. (“determining, from a received broadcast signaling, sequence numbers of TBS indexes or MCS indexes and PRACH resources and PUSCH resources in the MSGA allocated for the sequence numbers of TBS indexes or MCS indexes; determining a quantity of information bits that can be carried in each uplink transmission resource in the MSGA corresponding to each TBS index sequence number or MCS index sequence number; selecting one of the uplink transmission resources according to a size of an uplink data block to be transmitted and determining a corresponding TBS or MCS by the terminal.”, Zhou [0050])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining transmission resources based on the indicated information as described in Zhou into Xia. By modifying the method to include determining transmission resources based on the indicated information as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 4 and 14 (claim 4 is the method claim for the apparatus in claim 14):
Xia as described above does not explicitly teach:
The method according to claim 1, wherein the determining the second time- frequency resource comprises: determining the second time-frequency resource based on the time-frequency resource and a relationship between the second time-frequency resource and the time-frequency resource; or receiving third indication information, and determining the second time-frequency resource based on the third indication information; or determining the second time-frequency resource based on the time-frequency resource and the first time-frequency resource; or determining a size of the second data, and determining the second time-frequency resource based on the MCS of the second data and the size of the second data.
However, Zhou further teaches determining transmission resources based on the indicated information which includes:
The method according to claim 1, wherein the determining the second time- frequency resource comprises: determining the second time-frequency resource based on the time-frequency resource and a relationship between the second time-frequency resource and the time-frequency resource; or receiving third indication information, and determining the second time-frequency resource based on the third indication information; or determining the second time-frequency resource based on the time-frequency resource and the first time-frequency resource; or determining a size of the second data, and determining the second time-frequency resource based on the MCS of the second data and the size of the second data. (“determining, from a received broadcast signaling, sequence numbers of TBS indexes or MCS indexes and PRACH resources and PUSCH resources in the MSGA allocated for the sequence numbers of TBS indexes or MCS indexes; determining a quantity of information bits that can be carried in each uplink transmission resource in the MSGA corresponding to each TBS index sequence number or MCS index sequence number; selecting one of the uplink transmission resources according to a size of an uplink data block to be transmitted and determining a corresponding TBS or MCS by the terminal.”, Zhou [0050])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining transmission resources based on the indicated information as described in Zhou into Xia. By modifying the method to include determining transmission resources based on the indicated information as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 5 and 15 (claim 5 is the method claim for the apparatus in claim 15):
Xia as described above does not explicitly teach:
The method according to claim 1, wherein the determining the MCS of the second data comprises: determining the MCS of the second data based on the MCS of the first data and a relationship between the MCS of the first data and the MCS of the second data; or receiving fourth indication information, and determining the MCS of the second data based on the fourth indication information; or determining a size of the second data, and determining the MCS of the second data based on the size of the second data and the second time-frequency resource.
However, Zhou further teaches determining transmission resources based on the indicated information which includes:
The method according to claim 1, wherein the determining the MCS of the second data comprises: determining the MCS of the second data based on the MCS of the first data and a relationship between the MCS of the first data and the MCS of the second data; or receiving fourth indication information, and determining the MCS of the second data based on the fourth indication information; or determining a size of the second data, and determining the MCS of the second data based on the size of the second data and the second time-frequency resource. (“During implementation, determining the uplink transmission resources and the TBSs or the MCSs configured by the network side by the terminal includes: determining the TBSs or the MCSs and the PRACH resources and the PUSCH resources in the MSGA from a received broadcast signaling; determining, according to the mapping relationship, a quantity of information bits that can be carried in each uplink transmission resource in the MSGA; selecting one of the uplink transmission resources according to a size of an uplink data block to be transmitted and determining a corresponding TBS or MCS.”, Zhou [0049])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining transmission resources based on the indicated information as described in Zhou into Xia. By modifying the method to include determining transmission resources based on the indicated information as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 7 and 17 (claim 7 is the method claim for the apparatus in claim 17):
Xia as described above does not explicitly teach:
The method according to claim 6, wherein the method further comprises: sending second indication information to the terminal, wherein the second indication information indicates the first time-frequency resource.
However, Zhou further teaches sending indication information that includes information about time-frequency resources which includes:
The method according to claim 6, wherein the method further comprises: sending second indication information to the terminal, wherein the second indication information indicates the first time-frequency resource. (“the mapping relationship between the TBS indexes or MCS indexes and uplink transmission resources is determined by the terminal according to indication sent by the network side in one or more following ways: determining uplink transmission resource numbering values, and determining the mapping relationship from the uplink transmission resource numbering values, wherein the mapping relationship between TBS indexes or MCS indexes and the uplink transmission numbering values is predefined; or determining that a TBS index or a MCS index can be sent on any uplink transmission resource according to the TBS index or the MCS index indicated through broadcast, wherein, that the TBS index or the MCS index indicated through broadcast can be sent on any uplink transmission resource is predefined; or, determining the TBS index or the MCS index and a corresponding uplink transmission resource according to a broadcast indication.”, Zhou [0053])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include sending indication information that includes information about time-frequency resources as described in Zhou into Xia. By modifying the method to include sending indication information that includes information about time-frequency resources as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 8 and 18 (claim 8 is the method claim for the apparatus in claim 18):
Xia as described above does not explicitly teach:
The method according to claim 6, wherein the method further comprises: sending third indication information to the terminal, wherein the third indication information indicates the second time-frequency resource.
However, Zhou further teaches sending indication information that includes information about time-frequency resources which includes:
The method according to claim 6, wherein the method further comprises: sending third indication information to the terminal, wherein the third indication information indicates the second time-frequency resource. (“the mapping relationship between the TBS indexes or MCS indexes and uplink transmission resources is determined by the terminal according to indication sent by the network side in one or more following ways: determining uplink transmission resource numbering values, and determining the mapping relationship from the uplink transmission resource numbering values, wherein the mapping relationship between TBS indexes or MCS indexes and the uplink transmission numbering values is predefined; or determining that a TBS index or a MCS index can be sent on any uplink transmission resource according to the TBS index or the MCS index indicated through broadcast, wherein, that the TBS index or the MCS index indicated through broadcast can be sent on any uplink transmission resource is predefined; or, determining the TBS index or the MCS index and a corresponding uplink transmission resource according to a broadcast indication.”, Zhou [0053])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include sending indication information that includes information about time-frequency resources as described in Zhou into Xia. By modifying the method to include sending indication information that includes information about time-frequency resources as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 9 and 19 (claim 9 is the method claim for the apparatus in claim 19):
Xia as described above does not explicitly teach:
The method according to claim 6, wherein the method further comprises: sending fourth indication information to the terminal, wherein the fourth indication information indicates the MCS of the second data.
However, Zhou further teaches sending indication information that includes information about time-frequency resources which includes:
The method according to claim 6, wherein the method further comprises: sending fourth indication information to the terminal, wherein the fourth indication information indicates the MCS of the second data. (“During implementation, the mapping relationship between TBS indexes or MCS indexes and uplink transmission resources is indicated to the UE in one or more following ways: numbering uplink transmission resources, and predefining the mapping relationship between the TBS indexes or the MCS indexes and uplink transmission resource numbering values, and indicating the mapping relationship through the uplink transmission resource numbering values; or, predefining that TBS indexes or MCS indexes indicated through broadcast can be transmitted on any uplink transmission resource, and indicating the TBS indexes or the MCS indexes through broadcast; or, indicating the TBS indexes or the MCS indexes and corresponding uplink transmission resources through broadcast.”, Zhou [0032])
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include sending indication information that includes information about time-frequency resources as described in Zhou into Xia. By modifying the method to include sending indication information that includes information about time-frequency resources as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
As to claim 10 and 20 (claim 10 is the method claim for the apparatus in claim 20):
Xia as described above does not explicitly teach:
The method according to claim 6, wherein the method further comprises: sending fifth indication information to the terminal, wherein the fifth indication information indicates a size of the first data.
However, Zhou further teaches sending indication information that includes information about time-frequency resources which includes:
The method according to claim 6, wherein the method further comprises: sending fifth indication information to the terminal, wherein the fifth indication information indicates a size of the first data. (Table 1: physical layer information included in the broadcast signaling, includes number of bits for each parameter for the terminal, Zhou)
Xia and Zhou are analogous because they pertain to determining resources based on received indication information.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include sending indication information that includes information about time-frequency resources as described in Zhou into Xia. By modifying the method to include sending indication information that includes information about time-frequency resources as taught by Zhou, the benefits of improved usage of time-frequency resources (Zhou [0049] and Xia [0118]) are achieved.
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.
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/A.C.K./
Examiner
Art Unit 2471
/SUJOY K KUNDU/Supervisory Patent Examiner, Art Unit 2471
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