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 08/25/2025.
Claims 1-30 are pending. Claims 1, 5-11, 15-21, 23-26, and 28-30 are amended.
Response to Amendment
35 U.S.C. § 112(d) rejection is withdrawn.
Claim objection for claims 21-25 is not withdrawn. Applicant’s amendments to claims 21-25 do not overcome the substantial duplications. The claims that are substantial duplications correspond to claims 1 vs 21, 4 vs 22, 5 vs 23, 7 vs 24, 9 vs 25. The objection stands.
Claim Objections
Applicant is advised that should claims 1-10 be found allowable, claims 21-25 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 1 “A user equipment (UE), comprising:” and claim 21 “An apparatus, comprising:” differ in a UE vs an apparatus while sharing same dependent claims. Under the broadest reasonable interpretation, a UE is an apparatus. There, claims 21-25 are objected.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
RE Claim 21 and amended claims 23-25 recite, “an apparatus comprising: means for receiving” has been interpreted under 112(f) as a means plus function. The corresponding structure is found at Fig. 10, 11 and in the specification at ¶¶0113, 0120.
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-30 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20220182843 A1, hereinafter “Park”), in view of Bendlin (US 20230026727 A1, hereinafter “Bendlin”), in view of Maki et al. (US 20220303092 A1, hereinafter “Maki).
RE Claim 1, 11, 21, 26 Park discloses a UE, apparatus, or a set of instructions:
one or more memories (¶0139, Fig. 18); and one or more processors (¶0139, Fig. 18), coupled to the one or more memories (¶0139, Fig. 18), configured to:
receive, in a slot via a dynamic spectrum sharing (DSS) spectrum, a plurality of cell-specific reference signals (CRSs) of a first radio access technology (RAT) (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C); and
receive, in the slot via the DSS spectrum, a plurality of demodulation reference signals (DMRSs) of a second RAT (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C), wherein the plurality of DMRSs is associated with a Type-B physical downlink shared channel (PDSCH) scheduled by downlink control information format 1_0 (NR PDSCH mapping Type-B, DCI Format 1_0, for DMRS. ¶0125, Fig. 14).
Park does not explicitly disclose:
wherein the Type-B PDSCH starts at a fourth symbol of the slot and has a duration of ten symbols, and wherein the slot contains no collision between any CRS of the first RAT and any DMRS associated with the Type-B PDSCH, and
wherein the plurality of DMRSs includes a first DMRS at the fourth symbol of the slot, a second DMRS at a seventh symbol of the slot or a ninth symbol of the slot, and a third DMRS at an eleventh symbol of the slot.
However, Bendlin discloses:
wherein the Type-B PDSCH starts at a fourth symbol of the slot and has a duration of ten symbols (PDSCH mapping type B with DMRS carried on first and third OFDM of the PDSCH resource allocation. PDSCH starts at slot symbol 3, the fourth symbol of slot, and ends at symbol 13, ten symbol duration. ¶0052, ¶0045 figure legend of Fig. 6), and wherein the slot contains no collision between any CRS of the first RAT and any DMRS associated with the Type-B PDSCH (PDSCH mapping type B shifts the DMRS from PDSCH symbol 1 to PDSCH symbol 2, fifth symbol of the DSS slot, of the PDSCH resource allocation. The shifted DMRS PDSCH symbol by one position avoids collision with the LTE CRS. ¶0051, ¶0045 figure legend of Fig. 6), and
Park and Bendlin do not explicitly disclose:
wherein the plurality of DMRSs includes a first DMRS at the fourth symbol of the slot, a second DMRS at a seventh symbol of the slot or a ninth symbol of the slot, and a third DMRS at an eleventh symbol of the slot.
However, Maki discloses:
wherein the plurality of DMRSs includes a first DMRS at the fourth symbol of the slot, a second DMRS at a seventh symbol of the slot or a ninth symbol of the slot, and a third DMRS at an eleventh symbol of the slot (PDSCH assignment information includes a time domain resource in which PDSCH is mapped, e.g. start symbol and symbol length. ¶0094; Base station determines position of a DMRS in a PDSCH assignment. ¶0100; Base station determines a shift of the DMRS from an m-th symbol position to an n-th symbol position. ¶0101; Determination of the DMRS position makes it possible to avoid a collision between the DMRS in the NR PDSCH and the LTE CRS. ¶0145; A plurality of DMRS’s in a slot. ¶0255, Fig. 16; Therefore, a method to shift each DMRS of a NR PDSCH by a number of symbols so that the new position avoids collision with the LTE CRS.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation utilizing the flexible scheduling of Type B map DMRS vs CRS symbols to avoid overlapping conflicting resources, with the teachings of Maki, base station changes the symbol location of each DRMS to avoid collision with a CRS in a slot.
The motivation in doing so would be to avoid collisions of DMRS and CRS signaling by shifting each DMRS by a number of symbols of a DSS slot for maximum efficiency in a DSS network (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046, ¶¶0147-149).
RE Claim 2, 12 Park discloses a UE, apparatus, or a set of instructions::
wherein the first RAT is a 4G RAT and the second RAT is a 5G RAT (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1).
RE Claim 3, 13 Park does not explicitly disclose a UE, apparatus, or a set of instructions:
wherein the Type-B PDSCH is configurable to start at any symbol of the slot).
However, Bendlin discloses:
wherein the Type-B PDSCH is configurable to start at any symbol of the slot (PDSCH mapping type B can be scheduled to start on any OFDM symbol. ¶0038).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation utilizing the flexible scheduling of Type B PDSCH scheduling.
The motivation in doing so would be to schedule resources of a DSS slot while mapping all symbols of a slot for maximum efficiency in a DSS network (Park, ¶0004; Bendlin, Abstract).
RE Claim 4, 14, 22, 27 Park does not explicitly disclose a UE, apparatus, or a set of instructions:
wherein the plurality of CRSs includes a first CRS at a first symbol of the slot, a second CRS at a fifth symbol of the slot, a third CRS at an eighth symbol of the slot, and a fourth CRS at a twelfth symbol of the slot.
However, Bendlin discloses:
wherein the plurality of CRSs includes a first CRS at a first symbol of the slot, a second CRS at a fifth symbol of the slot, a third CRS at an eighth symbol of the slot, and a fourth CRS at a twelfth symbol of the slot (CRSs mapped to first, second, fifth, eighth, nineth, and twelfth symbol of DSS slot. ¶0046, ¶0045 figure legend of Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol mappings.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract).
RE Claim 5, 15, 23, 28 Park discloses a UE, apparatus, or a set of instructions:
Wherein the one or more processors (¶0139, Fig. 18) are configured to:
receive, in another slot via the DSS spectrum, another plurality of DMRSs of the second RAT (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C),
Park and Bendlin do not explicitly disclose:
wherein each DMRS of the other plurality of DMRSs that is in the other slot and associated with the Type-B PDSCH is incremented by two symbols relative to a non-DSS configuration of each DMRS that is in the other slot and associated with the Type-B PDSCH.
However, Maki discloses:
wherein each DMRS of the other plurality of DMRSs that is in the other slot and associated with the Type-B PDSCH is incremented by two symbols relative to a non-DSS configuration of each DMRS that is in the other slot and associated with the Type-B PDSCH (A plurality of DMRS’s in a slot. ¶0255; DMRS symbols located at the tenth and eleventh symbols are shifted to the twelfth and thirteenth symbols, an increment of two symbols. ¶0164).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol and DMRS mappings, with the teachings of Maki, mapping DMRS symbols with a symbol offset to shift DMRS positions.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols and then shift the DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046).
RE Claim 6, 16 Park discloses a UE, apparatus, or a set of instructions:
Wherein the one or more processors (¶0139, Fig. 18) are configured to:
receive, in another slot via the DSS spectrum, another plurality of DMRSs of the second RAT (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C),
Park and Bendlin do not explicitly disclose:
wherein the other plurality of DMRSs includes a first DMRS at a sixth symbol of the other slot, a second DMRS at a tenth symbol of the other slot, and a third DMRS at a thirteenth symbol of the other slot).
However, Maki discloses:
wherein the other plurality of DMRSs includes a first DMRS at a sixth symbol of the other slot, a second DMRS at a tenth symbol of the other slot, and a third DMRS at a thirteenth symbol of the other slot (A plurality of DMRS’s in a slot. ¶0255; PDSCH assignment information includes a time domain resource in which PDSCH is mapped, e.g. start symbol and symbol length. ¶0094; Base station determines position of a DMRS in a PDSCH assignment. ¶0100; Base station determines a shift of the DMRS from an m-th symbol position to an n-th symbol position. ¶0101; Determination of the DMRS position makes it possible to avoid a collision between the DMRS in the NR PDSCH and the LTE CRS. ¶0145; A plurality of DMRS’s in a slot. ¶0255, Fig. 16; Therefore, a method to shift each DMRS of a NR PDSCH by a number of symbols so that the new position avoids collision with the LTE CRS.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol and DMRS mappings, with the teachings of Maki, determine a shift of a given DMRS symbol position relative a CRS location in a DSS slot.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols and then shift the DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046).
RE Claim 7, 17, 24, 29 Park discloses a UE, apparatus, or a set of instructions:
Wherein the one or more processors (¶0139, Fig. 18) are configured to:
receive, in another slot via the DSS spectrum, another plurality of DMRSs of the second RAT(Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C),
Park and Bendlin do not explicitly disclose:
wherein one DMRS of the other plurality of DMRSs is incremented by one symbol relative to a non-DSS configuration of the one DMRS.
However, Maki discloses:
wherein one DMRS of the other plurality of DMRSs is incremented by one symbol relative to a non-DSS configuration of the one DMRS (A plurality of DMRS’s in a slot. ¶0255; DMRS symbol located at the eleventh symbol is shifted to the twelfth symbol, an increment of one symbol. ¶0110; A plurality of DMRS’s in a slot. ¶0255, Fig. 16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol and DMRS mappings, with the teachings of Maki, determine a shift of a given DMRS symbol position relative a CRS location in a DSS slot.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols and then shift the DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046).
RE Claim 8, 18, Park discloses a UE, apparatus, or a set of instructions:
wherein the one or more processors(¶0139, Fig. 18) are configured to:
receive, in another slot via the DSS spectrum, another plurality of DMRSs of the second RAT(Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C),
Park and Bendlin do not explicitly disclose:
wherein the other plurality of DMRSs includes a first DMRS at a fourth symbol of the other slot, a second DMRS at a ninth symbol of the other slot, and a third DMRS at an eleventh symbol of the other slot.
However, Maki discloses:
wherein the other plurality of DMRSs includes a first DMRS at a fourth symbol of the other slot, a second DMRS at a ninth symbol of the other slot, and a third DMRS at an eleventh symbol of the other slot (PDSCH assignment information includes a time domain resource in which PDSCH is mapped, e.g. start symbol and symbol length. ¶0094; Base station determines position of a DMRS in a PDSCH assignment. ¶0100; Base station determines a shift of the DMRS from an m-th symbol position to an n-th symbol position. ¶0101; Determination of the DMRS position makes it possible to avoid a collision between the DMRS in the NR PDSCH and the LTE CRS. ¶0145; A plurality of DMRS’s in a slot. ¶0255, Fig. 16; Therefore, a method to shift each DMRS of a NR PDSCH by a number of symbols so that the new position avoids collision with the LTE CRS.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol and DMRS mappings, with the teachings of Maki, determine a shift of a given DMRS symbol position relative a CRS location in a DSS slot.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols and then shift the DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046).
RE Claim 9, 19, 25, 30 Park discloses a UE, apparatus, or a set of instructions:
wherein the one or more processors (¶0139, Fig. 18) are configured to:
receive, in another slot via the DSS spectrum, another plurality of DMRSs of the second RAT (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C),
Park and Bendlin do not explicitly disclose:
wherein one DMRS of the other plurality of DMRSs is decremented by one symbol relative to a non-DSS configuration of the one DMRS.
However, Maki discloses:
wherein one DMRS of the other plurality of DMRSs is decremented by one symbol relative to a non-DSS configuration of the one DMRS (A plurality of DMRS’s in a slot. ¶0255; A DMRS position may be shifted to a prior symbol position, e.g. DMRS at m=8 symbol and may be moved to new position n=7, a decrement of one symbol. ¶0163; A plurality of DMRS’s in a slot. ¶0255, Fig. 16.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol and DMRS mappings, with the teachings of Maki, determine a shift of a given DMRS symbol position relative a CRS location in a DSS slot.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols and then shift the DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046).
RE Claim 10, 20 Park discloses a UE, apparatus, or a set of instructions:
wherein the one or more processors (¶0139, Fig. 18) are configured to:
receive, in another slot via the DSS spectrum, another plurality of DMRSs of the second RAT (Base stations support NR and LTE RATs for a DSS network with a set of UEs. ¶¶0042-0043, Fig. 1; Plurality of CRSs received by UEs. ¶0091, Fig. 7A, 7B, 7C),
Park and Bendlin do not explicitly disclose:
wherein the other plurality of DMRSs includes a first DMRS at a fourth symbol of the other slot, a second DMRS at a seventh symbol of the other slot, and a third DMRS at an eleventh symbol of the other slot.
However, Maki discloses:
wherein the other plurality of DMRSs includes a first DMRS at a fourth symbol of the other slot, a second DMRS at a seventh symbol of the other slot, and a third DMRS at an eleventh symbol of the other slot (A plurality of DMRS’s in a slot. ¶0255; PDSCH assignment information includes a time domain resource in which PDSCH is mapped, e.g. start symbol and symbol length. ¶0094; Base station determines position of a DMRS in a PDSCH assignment. ¶0100; Base station determines a shift of the DMRS from an m-th symbol position to an n-th symbol position. ¶0101; Determination of the DMRS position makes it possible to avoid a collision between the DMRS in the NR PDSCH and the LTE CRS. ¶0145; A plurality of DMRS’s in a slot. ¶0255, Fig. 16; Therefore, a method to shift each DMRS of a NR PDSCH by a number of symbols so that the new position avoids collision with the LTE CRS.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Park, receiving a plurality of CRSs and DMRs in a DSS slot from two different RATs, with the teachings of Bendlin, application of Type-B PDSCH resource allocation with determination of CRS symbol and DMRS mappings, with the teachings of Maki, determine a shift of a given DMRS symbol position relative a CRS location in a DSS slot.
The motivation in doing so would be to determine positions of CRS symbols of a DSS slot while determining positions of DMRS symbols and then shift the DMRS symbols in order to avoid collisions. (Park, ¶0004; Bendlin, Abstract; Maki, ¶¶0043-0046).
Response to Arguments
Applicant's arguments filed 08/25/2025 have been fully considered but they are not persuasive.
Applicant’s first argument is directed to the amended limitation to claims 1, 11, 21, and 26, “wherein the plurality of DMRSs includes a first DMRS at the fourth symbol of the slot, a second DMRS at a seventh symbol of the slot or a ninth symbol of the slot, and a third DMRS at an eleventh symbol of the slot.” The limitation is similar to the previously presented claims 8 and 10. Applicant submits the Maki does not disclose this limitation as cited in the Office Action, pg. 12-14.
Examiner respectfully disagrees. The amended claim element of the instant application describes one specific DMRS configuration in a slot. Maki discloses a method for DMRS shifting of a DMRS from an initial symbol position to another symbol position to avoid collision between a DMRS and a CRS. Maki discloses that the method of DMRS shifting may be applied to each DMRS of a plurality of DMRSs, ¶¶0147-149. Maki’s method of DMRS shifting allows for shifting of each DMRS in a slot to avoid collision. The method covers permutations of DMRS and CRS arrangements in a slot such as the configuration recited in the amended limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US-20200382354-A1 Sengupta et al.
The above references disclose various aspects of DSS network with methods to avoid CRS and DMRS collisions to improve network efficiency.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A. LANGER whose telephone number is (703)756-1780. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm, Eastern.
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, Nishant B. Divecha can be reached at 1 (571) 270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL A. LANGER/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419