DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
2 This instant Office Action is in response to Amendment filed on 12/9/2025.
3. This Office Action is made Final.
4. Claims 1-8 were previously cancelled.
5. Claim 10 is currently cancelled.
6. Claims 9 and 11-14 are pending.
Response to Arguments
1. Applicant’s arguments regarding the amendment presented on 12/9/2025 have been fully considered but are moot because of new grounds of rejection set forth herein with at least one new reference as necessitated by amendment.
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.
2. Claims 9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. US 20230171763 hereafter Gao in view of Gao et al. US 20240114504 hereafter Gao II.
As to Claim 9. (Currently Amended) Gao discloses a terminal [i.e. UE or Wireless Communication Device, 0108] comprising [Figs. 8, 13, Sections 0002: The present disclosure relates to uplink transmission to TRPs in a cellular communications system]
a receiver [Section 0073: A wireless communication device comprises one or more receivers] that receives, by higher layer signaling [i.e. RRC/Radio Resource Control], a configuration related to transmission of a physical uplink shared channel (PUSCH) [Figs. 13, Sections 0025, 0149: In NR, it is possible to schedule a PUSCH via a RRC parameter. The PUSCH transmission schemes is configured to the UE with higher layer (e.g., RRC) signaling and simultaneous PUSCH Transmission to Multiple TRPs];
and receives single downlink control information (DCI), the DCI including two sounding reference signal resource indicator (SRI) fields and scheduling the PUSCH [Figs. 4-7, Sections 0064, 0138, 0156: The first and second SRS (Sounding Reference Signal) resources are indicated in a first and a second SRS Resource Indicator (SRI) fields in the DCI. A DCI scheduling the PUSCH is indicated to the UE and include two SRS resource indicator (SRI) fields of the DCI. Two SRI fields used in a DCI for scheduling a PUSCH],
a transmitter [Section 0073: A wireless communication device comprises one or more transmitters] that simultaneously transmits, based on the configuration, the PUSCH using multiple panels [Figs. 4-5, 8, 13, Sections 0058, 0116, 0175: The UE to transmit UL PUSCH/SRS when the UE is equipped with multiple panels. Systems and methods disclosed to support simultaneous uplink (UL) PUSCH transmission towards TRPs by indicating two or more SRS resources. The wireless communication device transmits PUSCHs scheduled by the DCI simultaneously to TRPs],
and a processor [Section 0073: A wireless communication device comprises processing circuitry] that determines to apply the two SRI fields to each demodulation reference signal (DMRS) port and each layer for the PUSCH [Figs. 4-5, 13, Sections 0038, 0135, 0138: The UE performs PUSCH transmission using number of layers indicated; if two SRS resources are configured, then the PUSCH DMRS is spatially related to SRS resource indicator (SRI) field. The PUSCH with two layers is scheduled by a DCI, the first layer associated with first SRS, and second layer associated with second SRS. The two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI; Two DMRS ports (DMRS ports x and y), each associated to two layers, the first SRS is linked to the first DMRS port Antenna Port, and the second SRS is linked to the second DMRS port Antenna Port].
wherein the processor [Section 0073: A wireless communication device comprises processing circuitry]
Gao does not explicitly state applies a first field of the two SRI fields to first layers for the PUSCH and applies a second field of the two SRI fields to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI, and wherein a number of the first layers is same as a number of the second layers.
However, Gao II teaches applies a first field of the two SRI fields to first layers for the PUSCH and applies a second field of the two SRI fields to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI [Sections 0040, 0062, 0066, 0102: The network device transmit to the terminal device in single DCI comprise a first SRI field and a second SRI field. In this embodiment, for uplink transmission, the first number of bits/codepoints for the first SRI field depend on the maximum number of layers for the PUSCH. For uplink transmission, the second number of bits/codepoints for the second SRI field depend on the maximum number of layers for the PUSCH. For example, the first SRI indicating first SRS resource set is assumed for the PUSCH transmission, and the second SRI is assumed for PUSCH transmission],
and wherein a number of the first layers is same as a number of the second layers [Sections 0002, 0079, 0105: MIMO include features of antenna elements and benefit from multi-TRP transmission and multi-panel reception for scheduling of PUSCH transmissions in DCI. For uplink transmission, the terminal device determine the first SRI field and determine the second SRI field selected for a number of layers k for PUSCH. For uplink transmission, there are same number of layers for two sets of PUSCH transmissions].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have combined the method of Gao relating to the UE/terminal device receiving DCI scheduling SRI fields for PUSCH, and UE using processor to apply first SRS to first layers and DMRS port for PUSCH, second SRS to second layers and DMRS ports for PUSCH and configured to transmit using multiple panels/MIMO for simultaneous transmission towards TRPs with the teaching of Gao II relating to single DCI comprises two SRI fields, first SRI field mapped to first layers and second SRI field mapped to second layers for PUSCH wherein a first and second layers have same number. By combining the methods/systems a single DCI can indicate two SRI fields to apply/application to two layers for PUSCH (uplink transmission) by UE without undue experimentation.
As to Claim 11. (Currently Amended) Gao discloses the terminal [i.e. UE or Wireless Communication Device, 0108] according to claim 9, wherein when the PUSCH is transmitted for multiple Transmission/Reception Points (TRPs) using the multiple panels, a same number of antenna ports is configured for the multiple TRPs [Figs. 6 (Illustrates UE transmits a single PUSCH to two TRPs), Sections 0116, 0145, 0149: Systems and methods support simultaneous uplink (UL) PUSCH transmission towards two or more TRPs. A single PUSCH is transmitted to two TRPs. Whether the UE is to use SDM or FDM multi-TRP PUSCH transmission is indicated jointly by the Antenna Ports field and the SRI field in UL DCI].
As to Claim 12. (Currently Amended) Gao discloses a radio communication method for a terminal, comprising [Figs. 8, 13, Sections 0002: The present disclosure relates to uplink transmission to TRPs in a cellular communications system]
receiving, by higher layer signaling [i.e. RRC/Radio Resource Control], a configuration related to transmission of a physical uplink shared channel (PUSCH) [Figs. 13, Sections 0025, 0149: In NR, it is possible to schedule a PUSCH via a RRC parameter. The PUSCH transmission schemes is configured to the UE with higher layer (e.g., RRC) signaling and simultaneous PUSCH Transmission to Multiple TRPs],
and receiving single downlink control information (DCI), the DCI including two sounding reference signal resource indicator (SRI) fields and scheduling the PUSCH [Figs. 4-7, Sections 0064, 0138, 0156: The first and second SRS (Sounding Reference Signal) resources are indicated in a first and a second SRS Resource Indicator (SRI) fields in the DCI. A DCI scheduling the PUSCH is indicated to the UE and the two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI. Two SRI fields may be used in a DCI for scheduling a PUSCH];
simultaneously transmitting, based on the configuration, the PUSCH using multiple panels [Figs. 4-5, 8, 13, Sections 0058, 0116, 0175: The UE to transmit UL PUSCH/SRS when the UE is equipped with multiple panels. Systems and methods are disclosed to support simultaneous uplink (UL) PUSCH transmission towards TRPs by indicating two or more SRS resources. The wireless communication device transmits PUSCHs scheduled by the DCI simultaneously to TRPs];
determining to apply the two SRI fields to each demodulation reference signal (DMRS) port and each layer for the PUSCH[Figs. 4-5, 13, Sections 0038, 0135, 0138: The UE performs PUSCH transmission using number of layers indicated; if two SRS resources are configured in the SRS resource set, then the PUSCH DMRS is spatially related to SRS resource indicator (SRI) field. The PUSCH with two layers is scheduled by a DCI, the first layer associated with first SRS, and second layer associated with second SRS. The two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI; Two DMRS ports (i.e., DMRS ports x and y), each associated to one of the two layers, the first SRS is linked to the first DMRS port Antenna Port, and the second SRS is linked to the second DMRS port Antenna Port],
Gao does not explicitly state and applying a first field of the two SRI fields to first layers for the PUSCH and applying a second field of the two SRI fields to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI, wherein a number of the first layers is same as a number of the second layers.
However, Gao II teaches and applying a first field of the two SRI fields to first layers for the PUSCH and applying a second field of the two SRI fields to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI [Sections 0040, 0062, 0066, 0102: The network device transmit to the terminal device in single DCI comprise a first SRI field and a second SRI field. In this embodiment, for uplink transmission, the first number of bits/codepoints for the first SRI field depend on the maximum number of layers for the PUSCH. For uplink transmission, the second number of bits/codepoints for the second SRI field depend on the maximum number of layers for the PUSCH. For example, the first SRI indicating first SRS resource set is assumed for the PUSCH transmission, and the second SRI is assumed for PUSCH transmission],
wherein a number of the first layers is same as a number of the second layers [Sections 0002, 0079, 0105: MIMO include features of antenna elements and benefit from multi-TRP transmission and multi-panel reception for scheduling of PUSCH transmissions in DCI. For uplink transmission, the terminal device determine the first SRI field and determine the second SRI field selected for a number of layers k for PUSCH. For uplink transmission, there are same number of layers for two sets of PUSCH transmissions].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have combined the method of Gao relating to the UE/terminal device receiving DCI scheduling SRI fields for PUSCH, and UE using processor to apply first SRS to first layers and DMRS port for PUSCH, second SRS to second layers and DMRS ports for PUSCH and configured to transmit using multiple panels/MIMO for simultaneous transmission towards TRPs with the teaching of Gao II relating to single DCI comprises two SRI fields, first SRI field mapped to first layers and second SRI field mapped to second layers for PUSCH wherein a first and second layers have same number. By combining the methods/systems a single DCI can indicate two SRI fields to apply/application to two layers for PUSCH (uplink transmission) by UE without undue experimentation.
As to Claim 13. (Currently Amended) Gao discloses a base station [i.e. TRP/BS/radio access node] comprising [Fig. 10, Sections 0005: NR uses downlink (DL) from a network node, gNB, or base station, to a user equipment or UE]:
a transmitter [Section 0190: The radio access node include includes one or more transmitters-1012 coupled to one or more antennas-1016] that transmits, by higher layer signaling [i.e. RRC/Radio Resource Control], a configuration related to transmission of a physical uplink shared channel (PUSCH) [Figs. 10, Sections 0025, 0149: In NR, it is possible to schedule a PUSCH via a RRC parameter. The PUSCH transmission schemes is configured to the UE with higher layer (e.g., RRC) signaling and simultaneous PUSCH Transmission to Multiple TRPs];
and transmits single downlink control information (DCI) [Section 0063: A network node/base station transmits DCI to wireless device], the DCI including two sounding reference signal resource indicator (SRI) fields and scheduling the PUSCH [Figs. 4-7, Sections 0064, 0138, 0156: The first and second SRS (Sounding Reference Signal) resources are indicated in a first and a second SRS Resource Indicator (SRI) fields in the DCI. A DCI scheduling the PUSCH is indicated to the UE and the two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI. Two SRI fields may be used in a DCI for scheduling a PUSCH];
and a receiver [Section 0190: The radio access node include includes one or more receivers-1014 coupled to one or more antennas (i.e. panels)-1016] that receives the PUSCH that is simultaneously transmitted, based on the configuration, using multiple panels [Figs. 4-5, 8, 10, Sections 0116, 0134, 0175: Systems and methods are disclosed to support simultaneous uplink (UL) PUSCH transmission towards TRPs (base stations) by indicating two or more SRS resources. TRPs or base stations include multi-panels. The wireless communication device transmits PUSCHs scheduled by the DCI simultaneously to TRPs],
wherein the two SRI fields are applied to each demodulation reference signal (DMRS) port and each layer for the PUSCH [Figs. 4-5, 10, Sections 0038, 0135, 0138: The UE performs PUSCH transmission using number of layers indicated; if two SRS resources are configured in the SRS resource set, then the PUSCH DMRS is spatially related to SRS resource indicator (SRI) field. The PUSCH with two layers is scheduled by a DCI, the first layer associated with first SRS, and second layer associated with second SRS. The two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI; Two DMRS ports (i.e., DMRS ports x and y), each associated to one of the two layers, the first SRS is linked to the first DMRS port Antenna Port, and the second SRS is linked to the second DMRS port Antenna Port],
Gao does not explicitly state wherein a first field of the two SRI fields is applied to first layers for the PUSCH and a second field of the two SRI fields is applied to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI, and wherein a number of the first layers is same as a number of the second layers.
However, Gao II teaches wherein a first field of the two SRI fields is applied to first layers for the PUSCH and a second field of the two SRI fields is applied to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI [Sections 0040, 0062, 0066, 0102: The network device transmit to the terminal device in single DCI comprise a first SRI field and a second SRI field. In this embodiment, for uplink transmission, the first number of bits/codepoints for the first SRI field depend on the maximum number of layers for the PUSCH. For uplink transmission, the second number of bits/codepoints for the second SRI field depend on the maximum number of layers for the PUSCH. For example, the first SRI indicating first SRS resource set is assumed for the PUSCH transmission, and the second SRI is assumed for PUSCH transmission],
and wherein a number of the first layers is same as a number of the second layers [Sections 0002, 0079, 0105: MIMO include features of antenna elements and benefit from multi-TRP transmission and multi-panel reception for scheduling of PUSCH transmissions in DCI. For uplink transmission, the terminal device determine the first SRI field and determine the second SRI field selected for a number of layers k for PUSCH. For uplink transmission, there are same number of layers for two sets of PUSCH transmissions].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have combined the method of Gao relating to the UE/terminal device receiving DCI scheduling SRI fields for PUSCH, and UE using processor to apply first SRS to first layers and DMRS port for PUSCH, second SRS to second layers and DMRS ports for PUSCH and configured to transmit using multiple panels/MIMO for simultaneous transmission towards TRPs with the teaching of Gao II relating to single DCI comprises two SRI fields, first SRI field mapped to first layers and second SRI field mapped to second layers for PUSCH wherein a first and second layers have same number. By combining the methods/systems a single DCI can indicate two SRI fields to apply/application to two layers for PUSCH (uplink transmission) by UE without undue experimentation.
As to Claim 14. (Currently Amended) Gao discloses a system comprising a terminal [i.e. UE or Wireless Communication Device, 0108], a first base station [i.e. TRP/BS/radio access node], and a second base station [Figs. 4, 8, Sections 0002, 0175: The present disclosure relates to uplink transmission to TRPs in a cellular communications system. The wireless communication device transmits PUSCH scheduled by the DCI to TRP1 (first BS) and TRP2 (second BS) on a same time and frequency domain resource],
wherein the terminal [i.e. UE or Wireless Communication Device, 0108] comprises: a receiver [Section 0073: A wireless communication device comprises one or more receivers] that receives, by higher layer signaling [i.e. RRC/Radio Resource Control], a configuration related to transmission of a physical uplink shared channel (PUSCH) [Figs. 13, Sections 0025, 0149: In NR, it is possible to schedule a PUSCH via a RRC parameter. The PUSCH transmission schemes is configured to the UE with higher layer (e.g., RRC) signaling and simultaneous PUSCH Transmission to Multiple TRPs],
and receives single downlink control information (DCI), the DCI including two sounding reference signal resource indicator (SRI) fields and scheduling the PUSCH [Figs. 4-7, Sections 0064, 0138, 0156: The first and second SRS (Sounding Reference Signal) resources are indicated in a first and a second SRS Resource Indicator (SRI) fields in the DCI. A DCI scheduling the PUSCH is indicated to the UE and the two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI. Two SRI fields may be used in a DCI for scheduling a PUSCH];
a transmitter [Section 0073: A wireless communication device comprises one or more transmitters] that simultaneously transmits, based on the configuration, the PUSCH to the first base station [i.e. TRP] and the second base station [i.e. TRP], using multiple panels [Figs. 4-5, 8, 13, Sections 0058, 0116, 0175: The UE to transmit UL PUSCH/SRS when the UE is equipped with multiple panels. Systems and methods are disclosed to support simultaneous uplink (UL) PUSCH transmission towards TRPs by indicating two or more SRS resources. The wireless communication device transmits PUSCHs scheduled by the DCI simultaneously to TRPs];
and a processor [Section 0073: A wireless communication device comprises processing circuitry] that determines to apply the two SRI fields to each demodulation reference signal (DMRS) port and each layer for the PUSCH [Figs. 4-5, 13, Sections 0038, 0135, 0138: The UE performs PUSCH transmission using number of layers indicated; if two SRS resources are configured in the SRS resource set, then the PUSCH DMRS is spatially related to SRS resource indicator (SRI) field. The PUSCH with two layers is scheduled by a DCI, the first layer associated with first SRS, and second layer associated with second SRS. The two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI; Two DMRS ports (i.e., DMRS ports x and y), each associated to one of the two layers, the first SRS is linked to the first DMRS port Antenna Port, and the second SRS is linked to the second DMRS port Antenna Port],
and the first base station [i.e. TRP/BS/radio access node] or the second base station comprises: a transmitter that transmits the configuration and the single DCI [Sections 0063, 0138, 0190: A network node/base station transmits DCI to wireless device. A DCI scheduling the PUSCH is indicated to the UE and the two SRS resources are indicated in two SRS resource indicator (SRI) fields of the DCI. The radio access node include includes one or more transmitters-1012 coupled to one or more antennas-1016],
wherein the processor [Section 0073: A wireless communication device comprises processing circuitry]
Gao does not explicitly state applies a first field of the two SRI fields to first layers for the PUSCH and applies a second field of the two SRI fields to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI, and wherein a number of the first layers is same as a number of the second layers,
However, Gao II teaches applies a first field of the two SRI fields to first layers for the PUSCH and applies a second field of the two SRI fields to second layers for the PUSCH when application of both SRI fields among the two SRI fields is indicated by a field included in the single DCI [Sections 0040, 0062, 0066, 0102: The network device transmit to the terminal device in single DCI comprise a first SRI field and a second SRI field. In this embodiment, for uplink transmission, the first number of bits/codepoints for the first SRI field depend on the maximum number of layers for the PUSCH. For uplink transmission, the second number of bits/codepoints for the second SRI field depend on the maximum number of layers for the PUSCH. For example, the first SRI indicating first SRS resource set is assumed for the PUSCH transmission, and the second SRI is assumed for PUSCH transmission],
and wherein a number of the first layers is same as a number of the second layers [Sections 0002, 0079, 0105: MIMO include features of antenna elements and benefit from multi-TRP transmission and multi-panel reception for scheduling of PUSCH transmissions in DCI. For uplink transmission, the terminal device determine the first SRI field and determine the second SRI field selected for a number of layers k for PUSCH. For uplink transmission, there are same number of layers for two sets of PUSCH transmissions].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have combined the method of Gao relating to the UE/terminal device receiving DCI scheduling SRI fields for PUSCH, and UE using processor to apply first SRS to first layers and DMRS port for PUSCH, second SRS to second layers and DMRS ports for PUSCH and configured to transmit using multiple panels/MIMO for simultaneous transmission towards TRPs with the teaching of Gao II relating to single DCI comprises two SRI fields, first SRI field mapped to first layers and second SRI field mapped to second layers for PUSCH wherein a first and second layers have same number. By combining the methods/systems a single DCI can indicate two SRI fields to apply/application to two layers for PUSCH (uplink transmission) by UE without undue experimentation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Go et al. US 20230118905.
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
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 JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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March 15, 2025
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477