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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 27, 2026 has been entered.
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.
Claims 1-2, 4-6, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sundararajan et al (US 2021/0274520 A1) in view of Lee et al (US 2021/0320759 A1).
Regarding claim 1, Sundararajan discloses a method of operating a wireless communication device communicating data with a node of a communications network (Fig. 1), the method comprising:
participating in an initial transmission of multiple code block groups of a transport block using a first value of a transmission parameter (Fig. 4B, Fig. 5, and 63rd paragraph, CBG1-CBG6 of TB share the same RV value of “0” because they are all associated with the first HARQ transmission. Herein, the RV is the transmission parameter and the first HARQ transmission is the initial transmission), the multiple code block groups respectively comprising a part of the data (Fig. 4A and 56th paragraph, the CBGs, e.g., CBG1, CBG2, CBG3, CBG4, CBG5, and CBG6 carry data of TB), and
participating in one or more retransmissions of at least one of the multiple code block groups using one or more second values of the transmission parameter (70th and 88th paragraphs, different RVs may be indicated for CBGs in a TB segment that includes a retransmission of a failed CBG with the first transmission of a new CBG. As illustrated in Fig. 10A, a retransmission of CBG1 and CBG3 having RV value of 2 instead of 0 as in the first transmission).
Sundararajan discloses that the PHY layer of the transmitting wireless device may change the MCS between TB segments of the multiple TB segments of the multi-slot TB 400 (70th paragraph). Sundararajan does not disclose a first value of a modulation and coding scheme for initial transmission of multiple code block groups and a second value of the modulation and coding scheme for retransmissions of at least one of the multiple code block groups and wherein the first value is different than at least one of the one or more second values. Lee discloses that a TB including a plurality of CBGs (6th paragraph). Lee discloses that a first MCS is used for transmissions of one or more TBs, a second MCS is sued for retransmission of the portion of the CBGs, a coding rate and/or modulation order of second MCS may be lower than the coding rate and/or modulation order of first MCS (17th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include different MCSs for initial and retransmission in Sundararajan’s system, as suggested by Lee, to improve reception reliability due to channel conditions.
Regarding claim 2, Sundararajan discloses that wherein the transmission parameter further includes at least one of a count of repetitions (88th paragraph, repetitions of CBG A3 or CBG A4) or a count of redundancy versions for multiple repetitions of the respective code block group (88th paragraph and Fig. 10A, different RV values are used for first transmission and retransmission for CBG1 and CBG3. Retransmissions may include more repetitions having different RV values).
Regarding claim 4, Sundararajan discloses obtaining, from the node, an explicit or implicit indication of the one or more second values (Fig. 10A, DCI indicates RV value of 2 for CBG1 and CBG3).
Regarding claim 5, Sundararajan discloses receiving, from the node, a downlink control information comprising scheduling information for the initial transmission and the one or more retransmissions, the scheduling information being indicative of time-frequency resources being respectively allocated to the initial transmission and the one or more retransmissions based on the transport block (50th paragraph, TB is transmitted within the resources allocated by the gNB scheduling, e.g., the scheduler of Fig. 2. Herein, the resources are time and frequency resources associated with first transmission and retransmission, illustrated in Figs. 9A, 9B, 10A, and 11B), wherein the one or more second values are determined in accordance with an amount of the time frequency resources (Fig. 11B, retransmission of CBG1, CBG3, CBG4, and CBG5 having different RV values in different allocated slots).
Regarding claim 6, Sundararajan discloses that wherein the one or more second values are determined to fill up the time frequency resources allocated for the one or more retransmission (Fig. 11B, in the retransmission, the number of repetitions for CBG3 and CBG4 are 2 while the number of repetitions for CBG1 and CBG5 are 1 in the allocated slots).
Regarding claim 12, Sundararajan discloses that wherein at least one of the one or more retransmissions includes at least two code block groups (Fig. 11B, retransmission includes at least CBG3 and CBG4), wherein different ones of the at least two code block groups are re-transmitted in the at least one of the one or more retransmissions using different second values (Fig. 11B, retransmissions of CBG3 and CBG 4 using RV value of 2 and RV value of 1).
Regarding claim 13, Sundararajan discloses a method of operating a node of a communication network, the node communicating data with a wireless communication device (Fig. 1), the method comprising:
participating in an initial transmission of multiple code block groups of a transport block using a first value of a transmission parameter (Fig. 4B, Fig. 5, and 63rd paragraph, CBG1-CBG6 of TB share the same RV value of “0” because they are all associated with the first HARQ transmission. Herein, the RV is the transmission parameter and the first HARQ transmission is the initial transmission), the multiple code block groups respectively comprising a part of the data (Fig. 4A and 56th paragraph, the CBGs, e.g., CBG1, CBG2, CBG3, CBG4, CBG5, and CBG6 carry data of TB), and
participating in one or more retransmissions of at least one of the multiple code block groups using one or more second values of the transmission parameter (70th and 88th paragraphs, different RVs may be indicated for CBGs in a TB segment that includes a retransmission of a failed CBG with the first transmission of a new CBG. As illustrated in Fig. 10A, a retransmission of CBG1 and CBG3 having RV value of 2 instead of 0 as in the first transmission).
Sundararajan discloses that the PHY layer of the transmitting wireless device may change the MCS between TB segments of the multiple TB segments of the multi-slot TB 400 (70th paragraph). Sundararajan does not disclose a first value of a modulation and coding scheme for initial transmission of multiple code block groups and a second value of the modulation and coding scheme for retransmissions of at least one of the multiple code block groups and wherein the first value is different than at least one of the one or more second values. Lee discloses that a TB including a plurality of CBGs (6th paragraph). Lee discloses that a first MCS is used for transmissions of one or more TBs, a second MCS is sued for retransmission of the portion of the CBGs, a coding rate and/or modulation order of second MCS may be lower than the coding rate and/or modulation order of first MCS (17th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include different MCSs for initial and retransmission in Sundararajan’s system, as suggested by Lee, to improve reception reliability due to channel conditions.
Regarding claim 14, Sundararajan discloses a wireless communication device (Fig. 8, UE 800) for communicating data with a node (Fig. 7, BS 700) of a communications network (Fig. 1), the wireless communication device comprising a control circuitry (Fig. 8, controller/processor 280), the control circuitry being configured to:
participate in an initial transmission of multiple code block groups of a transport block using a first value of a transmission parameter (Fig. 4B, Fig. 5, and 63rd paragraph, CBG1-CBG6 of TB share the same RV value of “0” because they are all associated with the first HARQ transmission. Herein, the RV is the transmission parameter and the first HARQ transmission is the initial transmission), the multiple code block groups respectively comprising a part of the data (Fig. 4A and 56th paragraph, the CBGs, e.g., CBG1, CBG2, CBG3, CBG4, CBG5, and CBG6 carry data of TB), and
participate in one or more retransmissions of at least one of the multiple code block groups using one or more second values of the transmission parameter (70th and 88th paragraphs, different RVs may be indicated for CBGs in a TB segment that includes a retransmission of a failed CBG with the first transmission of a new CBG. As illustrated in Fig. 10A, a retransmission of CBG1 and CBG3 having RV value of 2 instead of 0 as in the first transmission).
Sundararajan discloses that the PHY layer of the transmitting wireless device may change the MCS between TB segments of the multiple TB segments of the multi-slot TB 400 (70th paragraph). Sundararajan does not disclose a first value of a modulation and coding scheme for initial transmission of multiple code block groups and a second value of the modulation and coding scheme for retransmissions of at least one of the multiple code block groups and wherein the first value is different than at least one of the one or more second values. Lee discloses that a TB including a plurality of CBGs (6th paragraph). Lee discloses that a first MCS is used for transmissions of one or more TBs, a second MCS is sued for retransmission of the portion of the CBGs, a coding rate and/or modulation order of second MCS may be lower than the coding rate and/or modulation order of first MCS (17th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include different MCSs for initial and retransmission in Sundararajan’s system, as suggested by Lee, to improve reception reliability due to channel conditions.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sundararajan and Lee further in view of Ouchi et al (US 2023/0155746 A1).
Regarding claim 11, Sundararajan discloses receiving and decoding CBGs of a TB (Figs. 5 and 6). Sundararajan does not disclose providing to the communication network a capability of the wireless communication device to support the first value being different than the one or more second values. Ouchi discloses that the terminal providing capability information indicating the terminal supports different parameters (143rd paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to transmit terminal’s capability in Sundararajan’s system, as suggested by Ouchi, to indicate terminal’s flexibility.
Allowable Subject Matter
Claims 7-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-2 and 4-14 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH VU H LY whose telephone number is (571)272-3175. The examiner can normally be reached M-F 8am-5pm.
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ANH VU H. LY
Primary Examiner
Art Unit 2472
/ANH VU H LY/Primary Examiner, Art Unit 2472
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