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 .
DETAILED ACTION
The IDS has been considered by the examiner.
The specification and drawings have been accepted by the examiner.
Claim Objection
Independent claims 7, 10, 11 and 12 are objected for including typographical errors. Specifically, independent claim 7, in line 5, includes the limitation Physical Downlink Shared Channel (PUSCH). Examiner notes that PUSCH is the acronym for “Physical Uplink Shared Channel” not Physical Downlink Shared Channel. Correction is required. The phrase Physical Downlink Shared Channel may be changed to “Physical Uplink Shared Channel”. Independent claims 10, 11 and 12 include the same error, and correction is required.
Further, claims 9 is objected to because it includes the phrase “in case”. The phrases “in case”, “when”, “if” and “in response to" make the claims elements conditional.
A conditional limitation is a claim feature that depends on a certain condition being present. For example, when or if condition X is present, feature Y is implemented or has effect. Without condition X, feature Y may be dormant or have no effect. Applicant should be cognizant of possible conditional limitations implications because conditional limitations may affect claim validity and infringement. In this case, the limitation “if dedicated resource information for the paging signaling is received from the base station” in claims 15 is conditional, thus, the remainder of claim limitations may not happen. See In Ex Parte Schulhauser, the Patent Trial and Appeal Board (“the Board”) held certain claims as unpatentable based on conditional limitations. Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016). The claimed subject matter related to “medical devices for monitoring physiological conditions and, in some embodiments, to a minimally invasive implantable device for monitoring a physiological conditions [sic] and detecting the onset of a critical cardiac event such as a myocardial infarction.” U.S. Patent No. 5987352 (filed July 31, 2008). The Board evaluated the effect of conditional limitations on independent method claim 1 and independent system claim 11. Schulhauser at 1.
Applicant is required to amend the claims so the claims are presented in positive steps by changing the phrases “in case”, when”, “if” or “in response" to phrases such as “based on” or “after determining”.
Applicant is invited to discuss this matter with the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 7 and 9-12 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 9-12 of copending Application No. 18/294,030, further in view of FRENNE (US 2021/0226748).
Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the co-pending Application No. 18/294,030 with obvious wording variations.
Take an example of comparing claim 7 of pending (instant) application and claim 9 of copending application 18/294,030. The table below compares the claims of the instant application with the claims of the co-pending application 18/294,030.
As it can be seen, claim 9 of the co-pending application includes every limitation of claim 7 of instant application plus the additional underlined limitation, “wherein a size of each field in the DCI is a larger one of a size of a field in a case where the transform precoder is disabled and a size of a field in a case where the transform precoder is enabled”, with obvious word changes.
However, claim 9 of the co-pending application does not include the limitations, “receiving a radio resource control (RRC) parameter indicating dynamic switching”.
In an analogous art, FRENNE discloses receiving a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “A UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”. Par. 167, “support of dynamic switching is a UE capability, RRC signaling may be used to configure this feature”).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the claims of the instant application by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Regarding dependent claim 9, claim 9 of the instant application is explicitly described in claim 9 of the co-pending application (bottom portion, which has been underlined. See the table below for comparing the claims). Thus, one skilled in the art would have been able to modify the claim 9 of the co-pending application by separating a portion of its limitation into a dependent claim.
Regarding claim 10, comparing claim 10 of pending (instant) application and claim 10 of co-pending application 18/294,030. The table below compares the claims of the instant application with the claims of the co-pending application.
As depicted below in the table, claim 10 of the co-pending application includes every limitation of claim 10 of the instant application plus the additional underlined limitation, with obvious word changes.
However, claim 10 of the co-pending application does not include the limitations, “receiving a radio resource control (RRC) parameter indicating dynamic switching”.
In an analogous art, FRENNE discloses receiving a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “A UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”. Par. 167, “support of dynamic switching is a UE capability, RRC signaling may be used to configure this feature”). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the claims of the instant application by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Regarding claim 11, comparing claim 11 of pending (instant) application and claim 12 of copending application 18/294,030. The table below compares the claims of the instant application with the claims of the co-pending application
As shown in table, claim 11 of the co-pending application includes every limitation of claim 11 of the instant application plus the additional underlined limitation, with obvious word changes.
However, claim 11 of the co-pending application does not include the limitations, “receiving a radio resource control (RRC) parameter indicating dynamic switching”.
In an analogous art, FRENNE discloses receiving a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “A UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”. Par. 167, “support of dynamic switching is a UE capability, RRC signaling may be used to configure this feature”).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the claims of the instant application by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Regarding claim 12, comparing claim 12 of pending (instant) application and claim 12 of copending application 18/294,030. The table below compares the claims of the instant application with the claims of the co-pending application
As shown in table, claim 12 of the co-pending application includes every limitation of claim 12 of the instant application plus the additional underlined limitation, with obvious word changes.
However, claim 12 of the co-pending application does not include the limitations, “receiving a radio resource control (RRC) parameter indicating dynamic switching”.
In an analogous art, FRENNE discloses receiving a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “A UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”. Par. 167, “support of dynamic switching is a UE capability, RRC signaling may be used to configure this feature”)
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the claims of the instant application by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Instant application (18/294,366)
Co-pending application 18/294,030
7. (New) A terminal comprising:
a receiver that receives a radio resource control (RRC) parameter indicating dynamic switching, by downlink control information (DCI), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH); and
a processor that determines, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH.
9. (New) The terminal according to claim 7, wherein a size of each field in the DCI is a larger one of a size of a field in a case where the transform precoder is disabled and a size of a field in a case where the transform precoder is enabled.
10. (New) A radio communication method for a terminal, comprising:
receiving a radio resource control (RRC) parameter indicating dynamic switching, by downlink control information (DCI), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH); and
determining, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH.
11. (New) A base station comprising:
a transmitter that transmits a radio resource control (RRC) parameter indicating dynamic switching, by downlink control information (DCI), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH); and
a processor that determines, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH.
12. (New) A system comprising a terminal and a base station, wherein:
the terminal comprises: a receiver that receives a radio resource control (RRC) parameter indicating dynamic switching, by downlink control information (DCI), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH); and
a processor that determines, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH, and the base station comprises: a transmitter that transmits the RRC parameter.
9. (New) A terminal comprising:
a receiver that receives, from downlink control information (DCI), indication indicating whether a transform precoder is disabled or enabled for a physical downlink shared channel (PUSCH); and
a processor that determines, based on the indication, whether the transform precoder is disabled or enabled for the PUSCH,
wherein a size of each field in the DCI is a larger one of a size of a field in a case where the transform precoder is disabled and a size of a field in a case where the transform precoder is enabled.
10. (New) A radio communication method for a terminal, comprising:
receiving, from downlink control information (DCI), indication indicating whether a transform precoder is disabled or enabled for a physical downlink shared channel (PUSCH); and
determining, based on the indication, whether the transform precoder is disabled or enabled for the PUSCH,
11. (New) A base station comprising:
a transmitter that transmits, by downlink control information (DCI), indication indicating whether a transform precoder is disabled or enabled for a physical downlink shared channel (PUSCH); and
a processor that determines, based on the indication, whether the transform precoder is disabled or enabled for the PUSCH, wherein a size of each field in the DCI is a larger one of a size of a field in a case where the transform precoder is disabled and a size of a field in a case where the transform precoder is enabled.
12. (New) A system comprising a terminal and a base station, wherein:
the terminal comprises: a receiver that receives, from downlink control information (DCI), indication indicating whether a transform precoder is disabled or enabled for a physical downlink shared channel (PUSCH); and
a processor that determines, based on the indication, whether the transform precoder is disabled or enabled for the PUSCH, and the base station comprises: a transmitter that transmits the DCI.
Claim 8 is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 7 of copending Application No. 18/294,030, further in view of FRENNE (US 2021/0226748) and further in view of BAE (US 2022/0264608).
Referring to claim 8, the combination of claim 7 of co-pending application 18/294,030 and FRENNE discloses the terminal according to claim 7 (see rejection of claim 7 above).
The above combination is not relied on for the claim language: wherein the RRC parameter is configured separately for each DCI format.
In an analogous art, BAE discloses the RRC parameter is configured separately for each DCI format (Par. 212, “the BS may configure a separate RRC parameter for each DCI format”).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the combination by incorporating the teachings of BAE, motivation being, for the purpose of differentiating between different services with different DCI formats and to schedule the services or to selectively use characteristic functions related to different DCI formats (see BAE, PAR. 212, lines 1-2). Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
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 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.
Claim(s) 7, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over AIBA (US 2023/000768) and further in view of FRENNE (US 2021/0226748).
Referring to claim 7, AIBA discloses a terminal (FIG. 1, FIG. 7, UE 702) comprising:
a receiver (FIG. 1, Receiver 120. FIG. 7, “Receiver 720”) that receives a radio resource control (RRC) parameter (Par. 5, 74, “user equipment (UE) comprises: receiving circuitry configured to receive a radio resource control (RRC) message comprising information used for indicating”, “gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message”, note that the RRC message transmitted to the UE (equivalent to terminal) is a message designated to the terminal that indicates the status of transform precoder) indicating by downlink control information (DCI) (Par. 5, 21, “receiving circuitry further configured to receive on a physical downlink control channel (PDCCH), downlink control information (DCI) format comprising DCI ”, note that the UE receives DCI on the PDCCH that informs the UE about status of precoder), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH) (Par. 74, “the transform precoder may be configured (e.g., enabled and/or disabled) by the gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message, information (e.g., fifth information) used for enabling the transform precoder. For example, the fifth information may be information related to the DMRS for the PUSCH (e.g., DMRS related parameters for DFT-S-OFDM (e.g., transform precoding))”. Par. 75, “the gNB 160 may transmit, by using the RRC message, information (e.g., sixth information) used for disabling the transform precoder”, note that the RRC message that includes the indication for enbling/disabling. Further, dynamic switching for enabling or disabling the transform precoder (DFT-s-OFDM vs. CP-OFDM) in 5G NR is achieved via a 1-bit indicator in DCI format 0_1 or 0_2 (Dynamic Waveform Switching/DWS), allowing faster, more flexible waveform adaptation than RRC reconfiguration, particularly for edge-to-center mobility. The field, configured by higher layers, indicates whether to use DFT-s-OFDM (enabled) or CP-OFDM (disabled) for PUSCH); and
a processor (FIG. 7, “Processor 703”) that determines, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH (Par. 82, “in a case that the transform precoder is enabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 0 bit”, “in a case that the transform precoder is disabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 1 bit”, note that the UE receives indications included in DCI, where the indication is bit 0 for indicating the transform precoder is enabled and bit 1 for indicating the transform precoder is disabled).
AIBA is silent on the explicit claim language: dynamic switching
In an analogous art, FRENNE discloses a terminal that receives a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”, note that the RRC signaling includes a RRC message or RRC parameter or indicator, which provides information for dynamic switching).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of AIBA by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 9, the combination of AIBA/FRENNE discloses the terminal according to claim 7, and further discloses a size of each field in the DCI is a larger one of a size of a field in a case where the transform precoder is disabled and a size of a field in a case where the transform precoder is enabled (Par. 6, 7, “the DCI format being used for scheduling of a physical downlink shared channel (PDSCH); and transmitting circuitry configured to transmit the RRC message, wherein in a case that the antenna port field is not present in the DCI format, the transmitting circuitry is configured to transmit the DMRS for the PDSCH using an antenna port(s) with an index value 0 in a corresponding table”. Note that when an indicator is included in the Physical Downlink Shared Channel (PDSCH), the indicator would require a bit size to be larger to include the indication. Thus, when the transform precoder is enabled or disabled, it would be indicated in in the message, which would require the bit field to be larger. Further, it is note that he claim language includes the optional limitation, in case. Thus, the entire limitation of is optional, as noted in the claim objection).
Referring to claim 10, AIBA discloses a radio communication method for a terminal (FIG. 5, 1, FIG. 1, FIG. 7, UE 702), comprising:
receiving a radio resource control (RRC) parameter (Par. 5, 74, “user equipment (UE) comprises: receiving circuitry configured to receive a radio resource control (RRC) message comprising information used for indicating”, “gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message”, note that the RRC message transmitted to the UE (equivalent to terminal) is a message designated to the terminal that indicates the status of transform precoder) indicating, by downlink control information (DCI) (Par. 5, 21, “receiving circuitry further configured to receive on a physical downlink control channel (PDCCH), downlink control information (DCI) format comprising DCI ”, note that the UE receives DCI on the PDCCH that informs the UE about status of precoder), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH) (Par. 74, “the transform precoder may be configured (e.g., enabled and/or disabled) by the gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message, information (e.g., fifth information) used for enabling the transform precoder. For example, the fifth information may be information related to the DMRS for the PUSCH (e.g., DMRS related parameters for DFT-S-OFDM (e.g., transform precoding))”. Par. 75, “the gNB 160 may transmit, by using the RRC message, information (e.g., sixth information) used for disabling the transform precoder”, note that the RRC message that includes the indication for enbling/disabling. Further, dynamic switching for enabling or disabling the transform precoder (DFT-s-OFDM vs. CP-OFDM) in 5G NR is achieved via a 1-bit indicator in DCI format 0_1 or 0_2 (Dynamic Waveform Switching/DWS), allowing faster, more flexible waveform adaptation than RRC reconfiguration, particularly for edge-to-center mobility. The field, configured by higher layers, indicates whether to use DFT-s-OFDM (enabled) or CP-OFDM (disabled) for PUSCH); and
determining, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH (Par. 82, “in a case that the transform precoder is enabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 0 bit”, “in a case that the transform precoder is disabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 1 bit”, note that the UE receives indications included in DCI, where the indication is bit 0 for indicating the transform precoder is enabled and bit 1 for indicating the transform precoder is disabled).
AIBA is silent on the explicit claim language: dynamic switching
In an analogous art, FRENNE discloses a terminal that receives a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”, note that the RRC signaling includes a RRC message or RRC parameter or indicator, which provides information for dynamic switching).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of AIBA by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 11, AIBA discloses a base station (FIG. 6, “gNB”, Par. 22, “Base station apparatus”. Par. 111, “the gNB operations module 182 may enable the gNB 160 to communicate with the one or more UEs 102.” Note that Base station and gNB are used interchangeably) comprising: a transmitter (Par. 22, “ The base station apparatus includes transmitting circuitry ”) that transmits a radio resource control (RRC) parameter (Par. 22, “The base station apparatus includes transmitting circuitry configured to transmit a radio resource control (RRC) message comprising first information used for indicating an index of an uplink antenna port(s)”, note that the RRC message transmitted to the UE (equivalent to terminal) is a message designated to the terminal that indicates the status of transform precoder), by downlink control information (DCI) (Par. 5, 21, “receiving circuitry further configured to receive on a physical downlink control channel (PDCCH), downlink control information (DCI) format comprising DCI ”, note that downlink control information, DCI, is included in the PDCCH that informs the terminal about status of precoder), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH) (Par. 74, “the transform precoder may be configured (e.g., enabled and/or disabled) by the gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message, information (e.g., fifth information) used for enabling the transform precoder. For example, the fifth information may be information related to the DMRS for the PUSCH (e.g., DMRS related parameters for DFT-S-OFDM (e.g., transform precoding))”. Par. 75, “the gNB 160 may transmit, by using the RRC message, information (e.g., sixth information) used for disabling the transform precoder”, note that the RRC message that includes the indication for enbling/disabling. Further, dynamic switching for enabling or disabling the transform precoder (DFT-s-OFDM vs. CP-OFDM) in 5G NR is achieved via a 1-bit indicator in DCI format 0_1 or 0_2 (Dynamic Waveform Switching/DWS), allowing faster, more flexible waveform adaptation than RRC reconfiguration, particularly for edge-to-center mobility. The field, configured by higher layers, indicates whether to use DFT-s-OFDM (enabled) or CP-OFDM (disabled) for PUSCH); and a processor (Par. 205 and FIG. 8, “The gNB 860 includes a processor 803 that controls operation of the gNB 860. ”) that determines, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH (Par. 82, “in a case that the transform precoder is enabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 0 bit”, “in a case that the transform precoder is disabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 1 bit”, note that the gNB transmits the indications included in DCI, where the indication is bit 0 for indicating the transform precoder is enabled and bit 1 for indicating the transform precoder is disabled, thus, the gNB must know and determine what it is transmitting ).
AIBA is silent on the explicit claim language: dynamic switching
In an analogous art, FRENNE discloses a terminal that receives a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”, note that the RRC signaling includes a RRC message or RRC parameter or indicator, which provides information for dynamic switching).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of AIBA by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 12, AIBA discloses a system (FIG. 5 and 6, “UE”, “gNB”, Par. 1, 2, 41, “communication system”, “a radio communication system, physical channels (uplink physical channels and/or downlink physical channels)”, note figures 5 and 6 depict a communication system) comprising a terminal (FIG. 1, FIG. 7, UE 702) and a base station (FIG. 6, “gNB”, Par. 22, “Base station apparatus”. Par. 111, “the gNB operations module 182 may enable the gNB 160 to communicate with the one or more UEs 102.” Note that Base station and gNB are used interchangeably), wherein: the terminal comprises: a receiver (FIG. 1, Receiver 120. FIG. 7, “Receiver 720”) that receives a radio resource control (RRC) parameter indicating (Par. 5, 74, “user equipment (UE) comprises: receiving circuitry configured to receive a radio resource control (RRC) message comprising information used for indicating”, “gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message”, note that the RRC message transmitted to the UE (equivalent to terminal) is a message designated to the terminal that indicates the status of transform precoder), by downlink control information (DCI) (Par. 5, 21, “receiving circuitry further configured to receive on a physical downlink control channel (PDCCH), downlink control information (DCI) format comprising DCI ”, note that downlink control information, DCI, is included in the PDCCH that informs the terminal about status of precoder), between disabling and enabling of a transform precoder for a physical downlink shared channel (PUSCH) (Par. 74, “the transform precoder may be configured (e.g., enabled and/or disabled) by the gNB 160 to the UE 102 by using the RRC message. Namely, for example, the gNB 160 may transmit, by using the RRC message, information (e.g., fifth information) used for enabling the transform precoder. For example, the fifth information may be information related to the DMRS for the PUSCH (e.g., DMRS related parameters for DFT-S-OFDM (e.g., transform precoding))”. Par. 75, “the gNB 160 may transmit, by using the RRC message, information (e.g., sixth information) used for disabling the transform precoder”, note that the RRC message that includes the indication for enbling/disabling. Further, dynamic switching for enabling or disabling the transform precoder (DFT-s-OFDM vs. CP-OFDM) in 5G NR is achieved via a 1-bit indicator in DCI format 0_1 or 0_2 (Dynamic Waveform Switching/DWS), allowing faster, more flexible waveform adaptation than RRC reconfiguration, particularly for edge-to-center mobility. The field, configured by higher layers, indicates whether to use DFT-s-OFDM (enabled) or CP-OFDM (disabled) for PUSCH); and
a processor (FIG. 7, “Processor 703”) that determines, based on indication included in the DCI, whether the transform precoder is disabled or enabled for the PUSCH (Par. 82, “in a case that the transform precoder is enabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 0 bit”, “in a case that the transform precoder is disabled, the number of bits for the DCI used for indicating the DMRS sequence initialization may be 1 bit”, note that the UE receives indications included in DCI, where the indication is bit 0 for indicating the transform precoder is enabled and bit 1 for indicating the transform precoder is disabled).
AIBA is silent on the explicit claim language: dynamic switching
In an analogous art, FRENNE discloses a terminal that receives a radio resource control (RRC) parameter indicating dynamic switching (Par. 5, “UE may receive radio resource control (RRC) signaling to enable or disable dynamic switching”, note that the RRC signaling includes a RRC message or RRC parameter or indicator, which provides information for dynamic switching).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of AIBA by incorporating the teachings of FRENNE, motivation being, for the purpose allowing the terminal to configure its resources dynamically either for enabled transform precoder or disabled transform precoder based on the indication of RRC signaling, thus shortening processing time. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over AIBA (US 2023/000768) and further in view of FRENNE (US 2021/0226748), and further in view of BAE (US 2022/0264608).
Referring to claim 8, the combination of AIBA/FRENNE discloses the terminal according to claim 7.
The above combination is not relied on for the claim language: wherein the RRC parameter is configured separately for each DCI format.
In an analogous art, BAE discloses the RRC parameter is configured separately for each DCI format (Par. 212, “the BS may configure a separate RRC parameter for each DCI format”).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the combination by incorporating the teachings of BAE, motivation being, for the purpose of differentiating between different services with different DCI formats and to schedule the services or to selectively use characteristic functions related to different DCI formats (see BAE, PAR. 212, lines 1-2). Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Conclusion
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/FRED A CASCA/Primary Examiner, Art Unit 2644