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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/02/2026 has been entered.
Response to Amendment
The following is a non-final office action in response to applicant’s amendment filed on 04/02/2026 for response of the office action mailed on 01/08/2026. Claims 1, 3, 8, 14 and 16 have been amended. Claims 1, 3-4, 8, 13-14, 16-17, 19 and 20 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to Claims 1, 3-4, 8, 13-14, 16-17, 19 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 nonobviousness.
Claims 1, 3-4, 8, 13-14, 16-17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2022/0345271), Wu hereinafter, and further in view of Dinan (US 2022/0094461), Dinan hereinafter.
Re. Claim 1, Wu teaches a transmission method for repetition of a Message 3, comprising: (Fig. 1-5 & ¶0006 - The terminal device includes: a transmission module, configured to repeatedly transmit MSG3 on multiple PUSCH resources);
receiving, by a terminal device, a Random Access Response (RAR), wherein the RAR carries an Uplink grant (UL grant) for repetition of a Message 3 (Msg3) in a random access procedure; (¶0028 - In an example, if the terminal device successfully receives the RAR in an RAR monitoring window, the terminal device may repeatedly sending the MSG3 on multiple PUSCH resources scheduled by the UL grant. In this example, the multiple PUSCH resources mentioned in S102 are scheduled by the uplink grant UL grant in the RAR);
determining, by the terminal device, a redundancy version (RV) used for the repetition of the Msg3; (Fig. 3 & ¶0075 - In the implementations of the above two examples, the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information. ¶0103 - As shown in FIG. 3, a terminal device 300 includes: a transmission module 302, which may be configured to repeatedly transmit MSG3 on multiple PUSCH resources. ¶0108 - the transmission module 302 may further be configured to receive configuration information, where the configuration information is used for configuring the MSG3 repetition for at least one of: the number of times the MSG3 is to be repeatedly transmitted or a maximum number of times the MSG3 is to be repeatedly transmitted; … RV information; or an MCS table configuration);
and performing, by the terminal device, repetition of the Msg3 based on the RAR by use of the RV, (Fig. 1 & ¶0028 - In an example, if the terminal device successfully receives the RAR in an RAR monitoring window, the terminal device may repeatedly sending the MSG3 on multiple PUSCH resources scheduled by the UL grant. In this example, the multiple PUSCH resources mentioned in S102 are scheduled by the uplink grant UL grant in the RAR. ¶0041 - In this way, before S102 in each of the foregoing embodiments, the terminal device may further receive configuration information, and perform configuration according to the configuration information. The configuration information is used for configuring the MSG3 repetition for at least one of: ¶0044 - 3) redundancy version (RV) information, ¶0075 - In the implementations of the above two examples, the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information);
wherein determining, by the terminal device, the RV used for the repetition of the Msg3 comprises: acquiring, by the terminal device, RV indication information carried by the UL grant; (¶0075 - the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information. For example, the MSG3 needs to be transmitted for a total of four times, and the system information may indicate RV version information of each transmission of the MSG3, e.g., {0, 3, 0, 3}, {0, 0, 0, 0}, {0, 3, 2, 1} etc. ¶0076 - the network device may further indicate a starting RV version number of the multiple transmissions of the MSG3 through … the UL grant in the RAR);
and determining, by the terminal device, the RV used for the repetition of the Msg3 based on the RV indication information, (¶0072 - In this example, after receiving the indication information, the terminal device repeatedly transmits the MSG3 for a corresponding number of times according to a manner configured in the system information … ¶0075 - the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information);
Yet, Wu does not explicitly teach wherein both the UL grant comprising an RV indication field and the UL grant not comprising the RV indication field are provided with at least one identical first bit field, wherein the first bit field in the UL grant comprising the RV indication field has a same length as the first bit field in the UL grant not comprising the RV indication field, or, wherein a length of the first bit field in the UL grant comprising the RV indication field is M bits smaller than a length of the first bit field in the UL grant not comprising the RV indication field, wherein M is an integer greater than or equal to N, and N is a length of the RV indication field.
However, in the analogous art, Dinan explicitly teaches wherein both the UL grant comprising an RV indication field and the UL grant not comprising the RV indication field (Fig. 14-17 & ¶0238 - The first DCI may comprise a first field indicating one of: an MCS for an initial transmission with a RV value of zero; or a re-transmission RV value (e.g. 1, 2, 3) … The second DCI may comprise an MCS field and an RV field);
are provided with at least one identical first bit field, (Abstract - The first downlink control information comprises a first field having a first number of bits indicating: a first modulation and coding scheme (MCS); … The second downlink control information comprises: an MCS field having the first number of bits indicating a second MCS);
wherein the first bit field in the UL grant comprising the RV indication field has a same length as the first bit field in the UL grant not comprising the RV indication field, (¶0249 - According to an embodiment, the first field may be encoded by five bits, the MCS field may be encoded by five bits, a table may be employed to determine the first MCS using the first field, and the table may be employed to determine the second MCS using the second MCS field. ¶0250 - The first DCI may comprise a first field indicating one of: a modulation and coding scheme (MCS) for an initial transmission… The second DCI may comprise an MCS field and an RV field).
or, wherein a length of the first bit field in the UL grant comprising the RV indication field is M bits smaller than a length of the first bit field in the UL grant not comprising the RV indication field, wherein M is an integer greater than or equal to N, and N is a length of the RV indication field.
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 Dinan to the teaching of Wu. The motivation would be because physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions (¶0098, Dinan).
Re. Claims 3 and 16, Wu and Dinan teach Claims 1 and 14.
Yet, Wu does not explicitly teach the UL grant comprises the RV indication field, and the RV indication information is carried in the RV indication field.
However, in the analogous art, Dinan explicitly teaches the UL grant comprises the RV indication field, and the RV indication information is carried in the RV indication field (Fig. 14-17 & ¶0235 - The eNB may transmit to a UE an uplink DCI grant indicating uplink resources for an LAA cell. The DCI may comprise an MCS field (e.g. 5 bits) and at least one RV field (e.g. 2 bits). ¶0249 - The RV field may, for example, have one of the following values: zero, one, two, or three).
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 Dinan to the teaching of Wu. The motivation would be because physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions (¶0098, Dinan).
Re. Claims 4 and 17, Wu and Dinan teach Claims 3 and 16.
Yet, Wu does not explicitly teach the UL grant further comprises a first bit field, and the first bit field comprises at least one of following items: a frequency hopping flag field; a Physical Uplink Share Channel (PUSCH) frequency resource allocation field; a PUSCH time resource allocation field; a Modulation and Coding Scheme (MCS) field; a Transmission Power Control Command (TPC) field for PUSCH; a Channel State Information (CSI) request field; and a Channel Access-Cyclic Prefix Extension (Channel Access-CPext) field.
However, in the analogous art, Dinan explicitly teaches the UL grant further comprises a first bit field, (Fig. 14-17 & Abstract - A wireless device receives a first downlink control information. The first downlink control information comprises a first field having a first number of bits indicating: …);
and the first bit field comprises at least one of following items:
a frequency hopping flag field;
a Physical Uplink Share Channel (PUSCH) frequency resource allocation field;
a PUSCH time resource allocation field;
a Modulation and Coding Scheme (MCS) field; (Abstract - … a first modulation and coding scheme (MCS). Examiner interprets that only one of the claimed features to be mapped because of the presence of “at least one of”);
a Transmission Power Control Command (TPC) field for PUSCH;
a Channel State Information (CSI) request field;
and a Channel Access-Cyclic Prefix Extension (Channel Access-CPext) field.
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 Dinan to the teaching of Wu. The motivation would be because physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions (¶0098, Dinan).
Re. Claim 8, Wu teaches a terminal device, comprising: a transceiver, (Fig. 3, 5);
configured to receive a Random Access Response (RAR), wherein the RAR carries an Uplink grant (UL grant) for repetition of a Message 3 (Msg3) in a random access procedure; (Fig. 1-2 & ¶0028 - In an example, if the terminal device successfully receives the RAR in an RAR monitoring window, the terminal device may repeatedly sending the MSG3 on multiple PUSCH resources scheduled by the UL grant. In this example, the multiple PUSCH resources mentioned in S102 are scheduled by the uplink grant UL grant in the RAR);
and a processor, connected to the transceiver and configured to determine a redundancy version (RV) used for the repetition of the Msg3; (Fig. 3 & ¶0075 - In the implementations of the above two examples, the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information. ¶0103 - As shown in FIG. 3, a terminal device 300 includes: a transmission module 302, which may be configured to repeatedly transmit MSG3 on multiple PUSCH resources. ¶0108 - the transmission module 302 may further be configured to receive configuration information, where the configuration information is used for configuring the MSG3 repetition for at least one of: the number of times the MSG3 is to be repeatedly transmitted or a maximum number of times the MSG3 is to be repeatedly transmitted; … RV information; or an MCS table configuration);
wherein the transceiver is further configured to perform, based on the RAR, repetition of the Msg3 by use of the RV, (Fig. 1 & ¶0028 - In an example, if the terminal device successfully receives the RAR in an RAR monitoring window, the terminal device may repeatedly sending the MSG3 on multiple PUSCH resources scheduled by the UL grant. In this example, the multiple PUSCH resources mentioned in S102 are scheduled by the uplink grant UL grant in the RAR. ¶0041 - In this way, before S102 in each of the foregoing embodiments, the terminal device may further receive configuration information, and perform configuration according to the configuration information. The configuration information is used for configuring the MSG3 repetition for at least one of: ¶0044 - 3) redundancy version (RV) information, ¶0075 - In the implementations of the above two examples, the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information);
wherein the processor is further configured to: acquire RV indication information carried by the UL grant; (¶0075 - the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information. For example, the MSG3 needs to be transmitted for a total of four times, and the system information may indicate RV version information of each transmission of the MSG3, e.g., {0, 3, 0, 3}, {0, 0, 0, 0}, {0, 3, 2, 1} etc. ¶0076 - the network device may further indicate a starting RV version number of the multiple transmissions of the MSG3 through … the UL grant in the RAR);
and determine the RV used for the repetition of the Msg3 based on the RV indication information (¶0072 - In this example, after receiving the indication information, the terminal device repeatedly transmits the MSG3 for a corresponding number of times according to a manner configured in the system information … ¶0075 - the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information);
Yet, Wu does not explicitly teach wherein both the UL grant comprising an RV indication field and the UL grant not comprising the RV indication field are provided with at least one identical first bit field, wherein the first bit field in the UL grant comprising the RV indication field has a same length as the first bit field in the UL grant not comprising the RV indication field, or, wherein a length of the first bit field in the UL grant comprising the RV indication field is M bits smaller than a length of the first bit field in the UL grant not comprising the RV indication field, wherein M is an integer greater than or equal to N, and N is a length of the RV indication field.
However, in the analogous art, Dinan explicitly teaches wherein both the UL grant comprising an RV indication field and the UL grant not comprising the RV indication field (Fig. 14-17 & ¶0238 - The first DCI may comprise a first field indicating one of: an MCS for an initial transmission with a RV value of zero; or a re-transmission RV value (e.g. 1, 2, 3) … The second DCI may comprise an MCS field and an RV field);
are provided with at least one identical first bit field, (Abstract - The first downlink control information comprises a first field having a first number of bits indicating: a first modulation and coding scheme (MCS); … The second downlink control information comprises: an MCS field having the first number of bits indicating a second MCS);
wherein the first bit field in the UL grant comprising the RV indication field has a same length as the first bit field in the UL grant not comprising the RV indication field, (¶0249 - According to an embodiment, the first field may be encoded by five bits, the MCS field may be encoded by five bits, a table may be employed to determine the first MCS using the first field, and the table may be employed to determine the second MCS using the second MCS field. ¶0250 - The first DCI may comprise a first field indicating one of: a modulation and coding scheme (MCS) for an initial transmission… The second DCI may comprise an MCS field and an RV field).
or, wherein a length of the first bit field in the UL grant comprising the RV indication field is M bits smaller than a length of the first bit field in the UL grant not comprising the RV indication field, wherein M is an integer greater than or equal to N, and N is a length of the RV indication field.
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 Dinan to the teaching of Wu. The motivation would be because physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions (¶0098, Dinan).
Re. Claims 13 and 20, Wu and Dinan teach Claims 8 and 14.
Wu further teaches the RV indication information indicates the RV used for at least one time of repetition of the Msg3; (Fig. 1-5 & ¶0075 - For example, the MSG3 needs to be transmitted for a total of four times, and the system information may indicate RV version information of each transmission of the MSG3, e.g., {0, 3, 0, 3}, {0, 0, 0, 0}, {0, 3, 2, 1} etc. ¶0076 - For example, if the MSG3 needs to be transmitted for a total of four times, and the starting version number is 0, RV version numbers of the subsequent three transmissions are 3, 2, and 1, respectively).
or the RV indication information indicates the RV used for the repetition of the Msg3 with n mod 4=0, wherein n is a serial number of the repetition.
Re. Claim 14, Wu teaches a network device, comprising: a transceiver, (Fig. 4, 6);
configured to send a Random Access Response (RAR) to a terminal device; (Fig. 1-2 & ¶0027 - If the network device successfully detects the preamble, the network device sends a random access response (RAR) corresponding to the preamble. The RAR may include an identifier of the preamble, a timing advance (TA), an uplink grant (UL grant) …);
and a processor, connected to the transceiver and configured to control the transceiver to communicate with other devices, wherein the RAR carries an Uplink grant (UL grant) for repetition of a Message (Msg3), (Fig. 4, 6 & ¶0028 - In an example, if the terminal device successfully receives the RAR in an RAR monitoring window, the terminal device may repeatedly sending the MSG3 on multiple PUSCH resources scheduled by the UL grant. In this example, the multiple PUSCH resources mentioned in S102 are scheduled by the uplink grant UL grant in the RAR);
the RAR is configured to determine a redundancy version (RV) used for the repetition of the Msg3 at the terminal device, (Fig. 3 & ¶0075 - In the implementations of the above two examples, the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information. ¶0103 - As shown in FIG. 3, a terminal device 300 includes: a transmission module 302, which may be configured to repeatedly transmit MSG3 on multiple PUSCH resources. ¶0108 - the transmission module 302 may further be configured to receive configuration information, where the configuration information is used for configuring the MSG3 repetition for at least one of: the number of times the MSG3 is to be repeatedly transmitted or a maximum number of times the MSG3 is to be repeatedly transmitted; … RV information; or an MCS table configuration);
and the RV is used to perform repetition of the Msg3, wherein RV indication information is carried by the UL grant, (¶0075 - the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information. For example, the MSG3 needs to be transmitted for a total of four times, and the system information may indicate RV version information of each transmission of the MSG3, e.g., {0, 3, 0, 3}, {0, 0, 0, 0}, {0, 3, 2, 1} etc. ¶0076 - the network device may further indicate a starting RV version number of the multiple transmissions of the MSG3 through … the UL grant in the RAR);
and the RV indication information is configured to determine the RV used for the repetition of the Msg3 at the terminal device, (¶0072 - In this example, after receiving the indication information, the terminal device repeatedly transmits the MSG3 for a corresponding number of times according to a manner configured in the system information … ¶0075 - the network device may further configure RV version information for multiple repeated transmissions of the MSG3 through system information);
Yet, Wu does not explicitly teach wherein both the UL grant comprising an RV indication field and the UL grant not comprising the RV indication field are provided with at least one identical first bit field, wherein the first bit field in the UL grant comprising the RV indication field has a same length as the first bit field in the UL grant not comprising the RV indication field, or, wherein a length of the first bit field in the UL grant comprising the RV indication field is M bits smaller than a length of the first bit field in the UL grant not comprising the RV indication field, wherein M is an integer greater than or equal to N, and N is a length of the RV indication field.
However, in the analogous art, Dinan explicitly teaches wherein both the UL grant comprising an RV indication field and the UL grant not comprising the RV indication field (Fig. 14-17 & ¶0238 - The first DCI may comprise a first field indicating one of: an MCS for an initial transmission with a RV value of zero; or a re-transmission RV value (e.g. 1, 2, 3) … The second DCI may comprise an MCS field and an RV field);
are provided with at least one identical first bit field, (Abstract - The first downlink control information comprises a first field having a first number of bits indicating: a first modulation and coding scheme (MCS); … The second downlink control information comprises: an MCS field having the first number of bits indicating a second MCS);
wherein the first bit field in the UL grant comprising the RV indication field has a same length as the first bit field in the UL grant not comprising the RV indication field, (¶0249 - According to an embodiment, the first field may be encoded by five bits, the MCS field may be encoded by five bits, a table may be employed to determine the first MCS using the first field, and the table may be employed to determine the second MCS using the second MCS field. ¶0250 - The first DCI may comprise a first field indicating one of: a modulation and coding scheme (MCS) for an initial transmission… The second DCI may comprise an MCS field and an RV field).
or, wherein a length of the first bit field in the UL grant comprising the RV indication field is M bits smaller than a length of the first bit field in the UL grant not comprising the RV indication field, wherein M is an integer greater than or equal to N, and N is a length of the RV indication field.
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 Dinan to the teaching of Wu. The motivation would be because physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions (¶0098, Dinan).
Re. Claim 19, Wu and Dinan teach Claim 16.
Yet, Wu does not explicitly teach the RV indication field is configured to indicate the RV used for the repetition of the Msg3; or the RV indication field is configured to indicate RV information used by a Physical Downlink Share Channel (PDSCH).
However, in the analogous art, Dinan explicitly teaches the RV indication field is configured to indicate the RV used for the repetition of the Msg3; (Fig. 14-17 & ¶0249 - The RV field may, for example, have one of the following values: zero, one, two, or three).
or the RV indication field is configured to indicate RV information used by a Physical Downlink Share Channel (PDSCH).
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 Dinan to the teaching of Wu. The motivation would be because physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions (¶0098, Dinan).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yu et al. (US 2023/0262751) – Please see Abstract and Fig. 1-8.
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.
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.
/ALYSSA WILLIAMS/Examiner, Art Unit 2465B
/CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
Prosecution Insights