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 .
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.
Response to Amendment
The amendment filed 1/21/2026 has been entered. Claim 2 is pending. The amendment has overcome the 112 rejections indicated in the non-final Office Action dated 10/30/2025.
Drawings
The drawings are objected to because they are other than black and white line drawings. For example, figures 1A, 1D, 1E and 2A include lines and/or alphanumeric characters that are not solid black lines and/or blurry. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it has grammatical errors such as run-on sentences. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 2 is objected to because of the following informalities: “A method by a terminal” is unclear. Examiner suggests replacing “by” with “performed by” for clarity. Also, the list of the 4 wherein clauses of “wherein: the maximum number of MIMO layers…” is missing a conjunction. Therefore, it is unclear whether all these wherein clauses are required to be performed. Appropriate correction is required.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0210862 (hereinafter Cirik1) in view of US 2024/0422761 (hereinafter Liu) and US 2020/0213067 (hereinafter Cirik2).
Cirik1 teaches a method by a terminal, the method comprising: receiving, by the terminal from a base station, a Radio Resource Control (RRC) message ([0099]: details The RRCs 216 and 226 may provide control plane functionality between the UE 210 and the gNB 220 via signaling messages, referred to as RRC messages. RRC messages may be transmitted between the UE 210 and the RAN using signaling radio bearers and the same/similar PDCP, RLC, MAC, and PHY protocol layers); receiving, by the terminal from the base station, a Medium Access Control (MAC) Control Element (CE) ([0075]: details MAC CEs may be inserted at the beginning of a MAC PDU for downlink transmissions (as shown in FIG. 4B)); and performing Physical Downlink Shared Channel (PDSCH) reception based on a maximum number of Multiple Input Multiple Output (MIMO) layers ([0227]…[0233]: details pdsch-Config may comprise parameters for receiving PDSCHs of TBs for the UE-specific downlink bandwidth part… Configuration parameters of the pdsch-Config may comprise parameters for receiving transport blocks… the configuration parameters may comprise… maximum MIMO layer).
Cirik1 does not explicitly teach, wherein the RRC message comprises a first set of parameters, a second set of parameters, a third set of parameters and a fourth set of parameters, wherein: the maximum number of MIMO layers is determined based on a specific parameter in the first set of parameters in case that: the MAC CE comprises a first identifier, wherein the first identifier is associated with the first set of parameters and the second set of parameters; and a second specific parameter is not present in the second set of parameters, the maximum number of MIMO layers is determined based on the second specific parameter in the second set of parameters in case that: the MAC CE comprises the first identifier; and the second specific parameter is present in the second set of parameters, the maximum number of MIMO layers is determined based on the specific parameter in the third set of parameters in case that: the MAC CE comprises a second identifier, wherein the second identifier is associated with the third set of parameters and the fourth set of parameters; and the second specific parameter is not present in the fourth set of parameters, the maximum number of MIMO layers is determined based on the second specific parameter in the fourth set of parameters in case that: the MAC CE comprises the second identifier; and the second specific parameter is present in the fourth set of parameters, wherein: the first set of parameters is related to configuration of a PDSCH; the second set of parameters is related to configuration of the PDSCH; the third set of parameters is related to configuration of the PDSCH; and the fourth set of parameters is related to configuration of the PDSCH, and wherein: the specific parameter is related to maximum MIMO layers; and the second specific parameter is related to maximum MIMO layers.
However, Cirik2 teaches, wherein the RRC message comprises a first set of parameters, a second set of parameters, a third set of parameters and a fourth set of parameters ([0196]: details one or more messages (e.g. RRC messages) comprising a plurality of configuration parameters… configuration parameters may comprise common parameters and dedicated parameters, as sets of parameters), wherein: the first set of parameters is related to configuration of a PDSCH; the second set of parameters is related to configuration of the PDSCH; the third set of parameters is related to configuration of the PDSCH; and the fourth set of parameters is related to configuration of the PDSCH (abstract; [0196]; [0440]: details RRC messages comprise a plurality of configuration parameters and are related to BWPs; PDSCH in a BWP, so the sets of parameters are related to configuration of PDSCH)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cirik1 to incorporate the teachings of Cirik2 and include, wherein the RRC message comprises a first set of parameters, a second set of parameters, a third set of parameters and a fourth set of parameters, wherein: the first set of parameters is related to configuration of a PDSCH; the second set of parameters is related to configuration of the PDSCH; the third set of parameters is related to configuration of the PDSCH; and the fourth set of parameters is related to configuration of the PDSCH of Cirik2 with Cirik1. Doing so would improve transmission efficiency of a wireless network (Cirik2, paragraph [0302]).
Moreover, Liu teaches wherein: the maximum number of MIMO layers is determined based on a specific parameter in the first set of parameters in case that: the MAC CE comprises a first identifier, wherein the first identifier is associated with the first set of parameters and the second set of parameters; and a second specific parameter is not present in the second set of parameters (conditional language and claimed in the alternative so no patentable weight), the maximum number of MIMO layers is determined based on the second specific parameter in the second set of parameters in case that: the MAC CE comprises the first identifier; and the second specific parameter is present in the second set of parameters (conditional language and claimed in the alternative so no patentable weight), the maximum number of MIMO layers is determined based on the specific parameter in the third set of parameters in case that: the MAC CE comprises a second identifier, wherein the second identifier is associated with the third set of parameters and the fourth set of parameters; and the second specific parameter is not present in the fourth set of parameters (conditional language and claimed in the alternative so no patentable weight), the maximum number of MIMO layers is determined ([0200]: details the capability set information may include one or more parameters; the capability set information may include at least one of the following parameters:… a maximum number of MIMO layers) based on the second specific parameter in the fourth set of parameters ([0315]: details SRS resource set is configured through RRC parameters) in case that: the MAC CE comprises the second identifier ([0314]: details MAC CE includes at least one of: an identification…); and the second specific parameter is present in the fourth set of parameters ([0315]: details SRS resource set is configured through RRC parameters), wherein: the specific parameter is related to maximum MIMO layers; and the second specific parameter is related to maximum MIMO layers ([0200]: details the capability set information may include one or more parameters; the capability set information may include at least one of the following parameters:… a maximum number of MIMO layers).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cirik1 to incorporate the teachings of Liu and include, wherein: the maximum number of MIMO layers is determined based on a specific parameter in the first set of parameters in case that: the MAC CE comprises a first identifier, wherein the first identifier is associated with the first set of parameters and the second set of parameters; and a second specific parameter is not present in the second set of parameters, the maximum number of MIMO layers is determined based on the second specific parameter in the second set of parameters in case that: the MAC CE comprises the first identifier; and the second specific parameter is present in the second set of parameters, the maximum number of MIMO layers is determined based on the specific parameter in the third set of parameters in case that: the MAC CE comprises a second identifier, wherein the second identifier is associated with the third set of parameters and the fourth set of parameters; and the second specific parameter is not present in the fourth set of parameters, the maximum number of MIMO layers is determined based on the second specific parameter in the fourth set of parameters in case that: the MAC CE comprises the second identifier; and the second specific parameter is present in the fourth set of parameters, wherein: the specific parameter is related to maximum MIMO layers; and the second specific parameter is related to maximum MIMO layers of Liu with Cirik1. Doing so would improve system performance (Liu, paragraph [0177]).
Response to Arguments
Applicant’s arguments, see remarks, filed 1/21/2026, with respect to the rejection(s) of claim 1 under 112 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made for the newly added claim 2 in view of Cirik1 and Cirik2. Examiner suggests adding an “and” before “the maximum number of MIMO layers is determined based on the second specific parameters in the fourth set of parameters…” as well as explicitly reciting the functional relationships between the elements instead of using broad phrases like “based on”, “related to” and “associated with” to distinguish from the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Abdelghaffar (US 2021/0105108) details carrier group based MIMO layers and antenna adaptation.
Nory (US 2024/0372678) PDCCH monitoring for enhanced cross carrier scheduling.
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 Jasper Kwoh whose telephone number is (408)918-7644. The examiner can normally be reached Tuesday through Friday, 10am to 4pm Pacific.
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/JASPER KWOH/Patent Examiner, Art Unit 2415