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 .
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.
Claims 23, 25, 30, 32, 37-40, 42-45 and 47-52 are rejected under 35 U.S.C. 103 as being unpatentable over Babaei (US 2022/0109528, hereinafter Babaei), in view of Yang et al (US 2020/0374089, hereinafter Yang) and in view of Hosseini et al (US 2022/0094483, hereinafter Hosseini, claiming priority date of the provisional application).
Regarding claim 23, Babaei discloses a wireless device, WD (UE, Fig. 1), configured to communicate with a network node, the WD configured to: defer semi-persistent scheduling, SPS, hybrid automatic repeat request acknowledgement, HARQ-ACK, to a slot subsequent to a slot n+K1 when slot n+K1 is invalid for SPS HARQ-ACK transmission, n being a slot index indicating a downlink slot and K1 being a configured offset indicating a slot for transmission of a HARQ-ACK in response to a physical downlink shared channel, PDSCH, scheduled for the WD in slot n (SPS configuration with fixed PDSCH to HARQ timing (K1), where n would be the slot PDSCH is received in, Para [0176], HARQ feedback deferred until next available valid PUCCH resource, Para [0177], defer HARQ feedback, when K1 timing would have HARQ feedback collide with invalid slot/symbols, until next UL slot, Para [0187]. Also see Para [0175,176, 186] from the provisional application); but does fully disclose when the determined PUCCH resource cannot be transmitted within the slot subsequent to the slot n+K1, defer the SPS HARQ-ACK bits to a nearest further slot in which a PUCCH resource determined based at least in part on a total size of a payload of the SPS HARQ-ACK bits and HARQ-ACK bits configured to be transmitted in the further slot can be transmitted (Babaei discloses SPS HARQ feedback can be deferred and transmitted in a later PUCCH, for example the earliest available valid PUCCH resource, Para [0177], meaning the nearest available slot the PUCCH can be transmitted. Yang discloses UE determines which PUCCH resource to use based on number of ACK bits (e.g. payload size), Para [0112], UE can determine payload size of more than one ACK then select PUCCH resource, Para [0169]); nor explicitly disclose multiplex the deferred SPS HARQ-ACK bits with other HARQ-ACK bits configured to be transmitted in the slot subsequent to the slot n+K1 in response to another PDSCH received from the network node. Yang discloses the UE can multiplex the delayed ACKs with an ACK scheduled by another PDSCH, in the next available slot, Para [0177]/Fig. 4; nor discloses determine a physical uplink control channel, PUCCH, resource based at least in part on a total size of a payload of the multiplexed HARQ-ACK bits. Yang discloses UE determines which PUCCH resource to use based on number of ACK bits (e.g. payload size), Para [0112], UE can determine payload size of more than one ACK then select PUCCH resource, Para [0169]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yang in the system of Babaei in order to prevent collisions of acknowledgement feedback; and does not explicitly disclose the PUCCH resource cannot be transmitted within the slot due to collision with invalid symbols. Hosseini discloses PUCCH resource for the SPS collides with invalid symbols and the PUCCH transmission won’t be transmitted but can be delayed or dropped, Para [0058,59] or see Para [0053-54] from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Hosseini in the system of Babaei in view of Yang in order to avoid cost of dropping too many PUCCHs.
Regarding claims 25 and 32, Babaei discloses the WD/method of claim 23/30, wherein the slot subsequent to the slot n+K1 is a first available slot that is not a downlink slot (defer HARQ feedback to the next UL slot, Para [0187], first available slot, Para [0177]).
Regarding claim 30, Babaei discloses a method implemented in a wireless device, WD, configured to communicate with a network node, the method comprising: deferring semi-persistent scheduling, SPS, hybrid automatic repeat request acknowledgement, HARQ-ACK, to a slot subsequent to a slot n+K1 when slot n+K1 is invalid for SPS HARQ-ACK transmission, n being a slot index indicating a downlink slot and K1 being a fixed offset indicating a slot for transmission of a HARQ-ACK in response to a physical downlink shared channel, PDSCH, scheduled for the WD in slot n (SPS configuration with fixed PDSCH to HARQ timing (K1), where n would be the slot PDSCH is received in, Para [0176], HARQ feedback deferred until next available valid PUCCH resource, Para [0177], defer HARQ feedback, when K1 timing would have HARQ feedback collide with invalid slot/symbols, until next UL slot, Para [0187]. Also see Para [0175,176, 186] from the provisional application); but does fully disclose when the determined PUCCH resource cannot be transmitted within the slot subsequent to the slot n+K1, defer the SPS HARQ-ACK bits to a nearest further slot in which a PUCCH resource determined based at least in part on a total size of a payload of the SPS HARQ-ACK bits and HARQ-ACK bits configured to be transmitted in the further slot can be transmitted (Babaei discloses SPS HARQ feedback can be deferred and transmitted in a later PUCCH, for example the earliest available valid PUCCH resource, Para [0177], meaning the nearest available slot the PUCCH can be transmitted. Yang discloses UE determines which PUCCH resource to use based on number of ACK bits (e.g. payload size), Para [0112], UE can determine payload size of more than one ACK then select PUCCH resource, Para [0169]); nor explicitly disclose multiplex the deferred SPS HARQ-ACK bits with other HARQ-ACK bits configured to be transmitted in the slot subsequent to the slot n+K1 in response to another PDSCH received from the network node. Yang discloses the UE can multiplex the delayed ACKs with an ACK scheduled by another PDSCH, in the next available slot, Para [0177/Fig. 4; nor discloses determine a physical uplink control channel, PUCCH, resource based at least in part on a total size of a payload of the multiplexed HARQ-ACK bits. Yang discloses UE determines which PUCCH resource to use based on number of ACK bits (e.g. payload size), Para [0112], UE can determine payload size of more than one ACK then select PUCCH resource, Para [0169]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yang in the system of Babaei in order to prevent collisions of acknowledgement feedback; and does not explicitly disclose the PUCCH resource cannot be transmitted within the slot due to collision with invalid symbols. Hosseini discloses PUCCH resource for the SPS collides with invalid symbols and the PUCCH transmission won’t be transmitted but can be delayed or dropped, Para [0058,59] or see Para [0053-54] from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Hosseini in the system of Babaei in view of Yang in order to avoid cost of dropping too many PUCCHs.
Regarding claims 37 and 42, Babaei discloses the WD/method of claim 23/30, wherein the slot subsequent to the slot n+K1 is an uplink slot (UE defers feedback to the next UL slot, Para [0187]).
Regarding claims 38 and 43, Babaei discloses the WD/method of claim 23/30, wherein the another PDSCH is an SPS PDSCH and the other HARQ-ACK bits are for the HARQ-ACK corresponding to the SPS PDSCH (UE can receive SPS PDSCH and multiplex HARQ-ACK for multiple SPS PDSCH receptions, Para [0136], Yang also discloses multiple SPS PDSCHs, Fig. 4).
Regarding claims 39 and 44, Babaei discloses the WD/method of claim 38/43, but not wherein the PUCCH resource to use for the multiplexed HARQ-ACK bits is determined from a set of configured PUCCH resources for SPS HARQ-ACK. Yang discloses selecting PUCCH resources from the configured one or more PUCCH resources in the multiple DL SPS ACK feedback configuration, Para [0169].
Regarding claims 40 and 45, Babaei discloses the WD/method of claim 23/30, but not wherein the another PDSCH is a dynamically scheduled PDSCH and the other HARQ-ACK bits are for HARQ-ACK corresponding to the dynamically scheduled PDSCH. Yang discloses the UE may append ACK for the SPS to the dynamic codebook of the dynamic PDSCH, Para [0172].
Regarding claim 47 and 50, Babaei discloses the WD/method of claim 23/30, wherein the invalid symbols comprise downlink symbols as configured by a semi-statically configured time division duplex, TDD, pattern (invalid symbols, where SPS periodicity does not match a semi-static TDD pattern, Para [0187]).
Regarding claims 48 and 51, Babaei discloses the WD/method of claim 23/30, wherein slot n+k1 is invalid due to a mismatch between an SPS periodicity and a time division duplex, TDD, pattern (invalid slot due to mismatch between SPS periodicity and TDD pattern, Para [0187]).
Regarding claims 49 and 52, Babaei discloses the WD/method of claims 23/30, wherein a subset of symbols in a slot are configured as invalid for the deferred SPS HARQ-ACK (collision with HARQ-ACK with invalid symbol(s), Para [0185] obvious that it can be a subset, such as one symbol).
Claims 41 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Babaei, in view of Yang and in view of Huang et al (US 2020/0267597, hereinafter Huang).
Regarding claims 41 and 46, Babaei discloses the WD/method of claim 23/30, but not wherein the PUCCH resource to use for the multiplexed HARQ-ACK bits is determined by pucch-resourcesetid in a configured pucch-resourceset. Huang discloses a UE is configured with set of PUCCH resources provided by PUCCH-resourceset and is asscioated with PUCCH resource set index provided by pucch-resourcesetID, Para [0141]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Huang in the system of Babaei in view of Yang in order to efficiently handle both sidelink and uplink HARQ feedback.
Response to Arguments
Applicant's arguments filed 8/12/2026 have been fully considered but they are not persuasive. The Applicant amends the limitations and argues the references do not disclose the amended limitations. Applicant argues Babaei does not disclose selecting a target slot by reference to the ability to transmit a resource that is determined from a combined payload. Applicant argues Babaei does not disclose the PUCCH resource is determined by the total size of a payload of the SPS HARQ-ACK and the HARQ-ACK bits. Applicant makes similar arguments against Yang and Hosseini. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant just argues each reference does not disclose the new limitation and not the combination. Further Applicant argues Babaei does not disclose selecting a target slot is not a limitation in the claim. The PUCCH resource being determined by the combined ACK bits is disclosed by Yang. Babaei discloses deferring the SPS HARQ-ACK until the next earliest opportunity, in this case if the subsequent slot after slot n+k1 is invalid then it is deferred until the next available slot it can be transmitted in.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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