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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/18/2026 has been entered.
The amendment filed on 02/18/2026 has been entered and fully considered.
Claims 1-3, 5-20, and 12-22 are pending of which claims 1, 8, and 15 are independent and amended.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Response to Arguments
Applicant’s arguments with respect to independent claim(s) 1, 8, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 8, 9, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bai et al. (US 20210021316 A1)
Regarding claim 1, Bai discloses a method (i.e. Figs. 1-10) comprising:
establishing, by a User Equipment (UE), a communications session with a base
station of an access network; (see paragraphs 89 and 188-189 on UE establishing and communicating with Base Station shown in Figs. 2 and 3)
receiving, at the UE from a network element communicatively coupled to the access network (See Figs. 2 and 3 UE communicatively coupled to a base station), configuration instructions including an adjustment value (i.e. a data repetition transmission frequency is the adjustment value and is detailed in paragraph 122 and adjustment calculation is shown in paragraphs 16, 38, and 107 ) corresponding to the UE (See Fig. 3 S301 the Base Station sends to the UE an adjustment value in the form of a data repetition transmission frequency which in this case is 2 and is included in the indication information in paragraph 122), wherein the adjustment value is determined by the network element based on at least one of a UE characteristic and a network characteristic associated with the UE (i.e. in paragraph 4 the adjustment parameter being data repetition transmission frequency is associated with the UE based on being related to URLLC service of the UE and is associated with the network’s PDSCH);
determining, by the UE, a signal parameter (i.e. first SINR) corresponding to a signal (i.e. CSI-RS ) between the UE and the base station;(See Fig. 3 S303 and paragraphs 125-126 indicating the signal is the CSI-RS transmitted from the base station to the UE and the signal parameter determined by the UE is the SINR (Signal to Interference Noise Ratio).
modifying (See Fig. 3 S304 and Paragraphs 126-127), by the UE, the signal parameter (i.e. first SINR) based on the adjustment value; (i.e. the UE modifies the signal parameter, i.e. first SINR, to get a second SINR with the adjustment value of data repetition transmission frequency=2 using the formula B (Second SINR) =A (First SINR) +10*log10(N) reduces to -3.5dB = -6.5 dB + 10*log10(2))
generating, by the UE, an adjusted Channel Quality Indicator (CQI) value based on the modified signal parameter; (See Fig. 3 step 305 and paragraph 130 indicating adjusted CQI being determined based on the second SNIR(i.e. modified signal parameter)) and
reporting, from the UE to the base station, the adjusted CQI value. (See Fig. 3 step 306 and paragraph 134 where the UE sends the adjusted/newly determined CQI corresponding to the second signal parameter /second SINR to the base station)
Regarding claim 8, Bai discloses a non-transitory computer-readable storage medium (i.e. Fig. 7 memory 71) for storing instructions executable by a processor (i.e. Fig. 7 processor 72), the instructions comprising:
establishing a communications session with a base station of an access network; (see paragraphs 89 and 188-189 on UE establishing and communicating with Base Station shown in Figs. 2 and 3)
receiving, from a network element communicatively coupled to the access network (see paragraphs 89 and 188-189 on UE establishing and communicating with Base Station shown in Figs. 2 and 3), configuration instructions including an adjustment value (i.e. a data repetition transmission frequency is the adjustment value and is detailed in paragraph 122 and adjustment calculation is shown in paragraphs 16, 38, and 107 ) corresponding to the UE (See Fig. 3 S301 the Base Station sends to the UE an adjustment value in the form of a data repetition transmission frequency which in this case is 2 and is included in the indication information in paragraph 122), wherein the adjustment value is determined by the network element based on at least one of a UE characteristic and a network characteristic associated with the UE (i.e. in paragraph 4 the adjustment parameter being data repetition transmission frequency is associated with the UE based on being related to URLLC service of the UE and is associated with the network’s PDSCH);
determining a signal parameter (i.e. first SINR) corresponding to a signal (i.e. CSI-RS ) between the UE and the base station;(See Fig. 3 S303 and paragraphs 125-126 indicating the signal is the CSI-RS transmitted from the base station to the UE and the signal parameter determined by the UE is the SINR (Signal to Interference Noise Ratio).
modifying (See Fig. 3 S304 and Paragraphs 126-127) the signal parameter (i.e. first SINR) based on the adjustment value; (i.e. the UE modifies the signal parameter, i.e. first SINR, to get a second SINR with the adjustment value of data repetition transmission frequency=2 using the formula B (Second SINR) =A (First SINR) +10*log10(N) reduces to -3.5dB = -6.5 dB + 10*log10(2))
generating an adjusted Channel Quality Indicator (CQI) value based on the modified signal parameter; (See Fig. 3 step 305 and paragraph 130 indicating adjusted CQI being determined based on the second SNIR(i.e. modified signal parameter)) and
reporting to the base station, the adjusted CQI value. (See Fig. 3 step 306 and paragraph 134 where the UE sends the adjusted/newly determined CQI corresponding to the second signal parameter /second SINR to the base station)
Regarding claim 15, Bai discloses a device (UE in Figs. 2, 3, and 7) comprising a processor (i.e. Fig. 7 processor 72) configured to:
establish a communications session with a base station of an access network; (see paragraphs 89 and 188-189 on UE establishing and communicating with Base Station shown in Figs. 2 and 3)
receive, from a network element communicatively coupled to the access network (see paragraphs 89 and 188-189 on UE establishing and communicating with Base Station shown in Figs. 2 and 3), configuration instructions including an adjustment value (i.e. a data repetition transmission frequency is the adjustment value and is detailed in paragraph 122 and adjustment calculation is shown in paragraphs 16, 38, and 107 ) corresponding to the UE (See Fig. 3 S301 the Base Station sends to the UE an adjustment value in the form of a data repetition transmission frequency which in this case is 2 and is included in the indication information in paragraph 122), wherein the adjustment value is determined by the network element based on at least one of a UE characteristic and a network characteristic associated with the UE (i.e. in paragraph 4 the adjustment parameter being data repetition transmission frequency is associated with the UE based on being related to URLLC service of the UE and is associated with the network’s PDSCH);
determine a signal parameter (i.e. first SINR) corresponding to a signal (i.e. CSI-RS ) between the UE and the base station;(See Fig. 3 S303 and paragraphs 125-126 indicating the signal is the CSI-RS transmitted from the base station to the UE and the signal parameter determined by the UE is the SINR (Signal to Interference Noise Ratio).
modify (See Fig. 3 S304 and Paragraphs 126-127) the signal parameter (i.e. first SINR) based on the adjustment value; (i.e. the UE modifies the signal parameter, i.e. first SINR, to get a second SINR with the adjustment value of data repetition transmission frequency=2 using the formula B (Second SINR) =A (First SINR) +10*log10(N) reduces to -3.5dB = -6.5 dB + 10*log10(2))
generate an adjusted Channel Quality Indicator (CQI) value based on the modified signal parameter; (See Fig. 3 step 305 and paragraph 130 indicating adjusted CQI being determined based on the second SNIR(i.e. modified signal parameter)) and
report, to the base station, the adjusted CQI value. (See Fig. 3 step 306 and paragraph 134 where the UE sends the adjusted/newly determined CQI corresponding to the second signal parameter /second SINR to the base station)
Regarding claim 2, Bai discloses the method of claim 1, including wherein the signal parameter is selected from the group comprising: a signal strength, a signal-to-noise ratio (SNR), a signal-to-interference- plus-noise ratio (SINR), and a signal-to-interference-plus-distortion ratio (SNDR). (i.e. a signal-to-interference- plus-noise ratio (SINR) – see paragraphs 4 and 125-126 )
Regarding claim 9, claim 9 is rejected in the same scope of as claim 2.
Regarding claim 16, claim 16 is rejected in the same scope of as claim 2.
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.
Claim(s) 3, 10, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bai in view of Davydov et al (US 20180220399 A1).
Regarding claim 3, Bai discloses the method of claim 1, but fails to disclose wherein the UE is a single-antenna receiver UE.
Davydov, in the same endeavor discloses wherein the UE is a single-antenna receiver UE. (In Fig. 10 a UE with single antenna is shown per paragraph 57)
In view of the above, having Bai 's CQI determination based on network provided adjustment and then given the well- established teaching of Davydov 's techniques of using single antenna UE, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Bai 's CQI determination based on network provided adjustment as taught by Davydov 's techniques of using single antenna UE, since Davydov states in paragraphs 25 and 56 that the modification results in ability to communicate in a single wireless communication standard and further improve spectral efficiency of downlink transmissions.
Regarding claim 10, claim 10 is rejected in the same scope of as claim 3.
Regarding claim 17, claim 17 is rejected in the same scope of as claim 3.
Allowable Subject Matter
Claims 5-7, 12-14, and 18-22 are allowed.
Conclusion
Examiner’s Note: A) Long et al (US 20220360309 A1 ) discloses claimed invention in the independent claims and can replace Bai, See Fig. 10 and paragraphs 146, 271, 272, 280, 347-349 and 361.
B) Davydov et al (US 20180220399 A1) discloses claimed invention in the independent claims and can replace Bai, See all figures and paragraphs 60, 67, 71, 76, 83, 94, 121, 122, 139, 141, 142, 160, 180, 186, 188, 192, 194, 195, and 222.
C) Garavaglia et al (US 20130072123 A1) discloses claimed invention in the independent claims and can replace Bai, See Figs. 7-9.
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/HABTE MERED/Primary Examiner, Art Unit 2474
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