CTFR 18/327,782 CTFR 86131 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 6-8 and 20-22 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. Regarding claims 6 and 20, none of the prior art of record alone or in combination with other disclose or render obvious the claimed limitations including “calculate a ratio based on two or more of the parameters, wherein the one or more criteria specify selection of a scheme based on a comparison of the ratio to the at least one threshold value” when considered as a whole along with other claimed limitations. Claims 7-8 and 21-22 have been objected by virtue of dependency on claims 6 and 20 respectively. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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 20claimed 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. 07-21-aia AIA Claim s 1, 11-12, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini et al. (US 2019/0253229, hereinafter Hosseini) in view of Sengupta et al. (US 2020/0382354, hereinafter Sengupta) . Regarding claims 1 and 29, Hosseini discloses an apparatus for wireless communication (fig. 1), comprising: a memory (para 0104; memory) comprising computer-executable instructions (para 0104; memory store computer-executable software/instructions); and one or more processors configured to execute the computer-executable instructions (para 0103; a processor to execute computer – readable instructions) and cause the apparatus to: select, based on one or more criteria, a scheme from a plurality of schemes for generating a waveform (para 0038; 0110 and 0112; Channel estimates, derived by the channel processor from a reference signal transmitted by the base station or from feedback by the base station, may be used to select the appropriate coding, modulation, waveform generation schemes) that accounts for unavailable frequency resources within an allocation of resource elements (REs) (para 0023; 0044; 0049; available communication resources (including time, frequency and/or spatial dimension) within resource are considered for allocation which implies while generating time-domain signal/waveform unavailable resources are being considered for skipping); obtain a sequence of frequency domain symbols (para 0038; A resource element may consist of one symbol period and one subcarrier (e.g., a 15 KHz frequency range). A resource block may contain 12 consecutive subcarriers in the frequency domain and, for a normal cyclic prefix in each OFDM symbol, 7 consecutive OFDM symbols in the time domain (1 slot), or 84 resource elements); and output the waveform for transmission (para 0112; The symbols produced by the transmit processor may be provided to a transmit frame processor to create a frame structure. The generated frames are provided to a transmitter, which provides various signal conditioning functions including amplification, filtering, and modulating the frames onto a carrier for uplink transmission over the wireless medium through the antennas). Hosseini does not expclitly disclose wherein the selected scheme avoids the unavailable frequency resources when mapping frequency domain symbols to REs; generating the waveform by mapping at least some of the sequence of frequency domain symbols to available REs within the allocation according to the selected scheme. In an analogous art, Sengupta discloses wherein the selected scheme avoids the unavailable frequency resources when mapping frequency domain symbols to REs (para 0033, 0127; rate matching attributes by puncturing the bits – wherein puncturing is removing or skipping bits so the remaining bits maps exactly with the available resources); generating the waveform by mapping at least some of the sequence of frequency domain symbols to available REs within the allocation according to the selected scheme (para 0018, 0021, 0033, and 0190 – mapping he resources to generate waveform according to the selected scheme). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini’s method/system by having Sengupta’s disclosure in order to provide improvements in resource efficiency of a communication system. Regarding claim 11, Hosseini discloses wherein the one or more criteria are based on at least one of: a modulation and coding scheme (MCS) associated with the waveform (para 0110 and 0112; Channel estimates, derived by the channel processor from a reference signal transmitted by the base station or from feedback by the base station, may be used to select the appropriate coding, modulation, waveform generation schemes); a type of the waveform; a capability of a receiving device; or at least one parameter related to performance of the apparatus. Regarding claim 12, Hosseini discloses wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: obtain an indication of a scheme for generating a waveform that accounts for unavailable frequency resources (para 0023; 0044; 0049; available communication resources (including time, frequency and/or spatial dimension) within resource are considered for allocation which implies while generating time-domain signal/waveform unavailable resources are being considered for skipping), wherein the selection of the scheme is based on the indication (para 0112; Channel estimates, derived by the channel processor from a reference signal transmitted by the base station or from feedback by the base station, may be used to select the appropriate coding, modulation, waveform generation schemes) . 07-21-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Sengupta in view of Mao (WO 2018/060397, hereinafter Mao) . Regarding claims 2, Hosseini/Sengupta does not explicitly disclose wherein the scheme for generating the waveform is selected from at least two schemes including at least one of: a first scheme that shifts at least some of the frequency domain symbols, in order, to avoid mapping to the unavailable frequency resources; a second scheme that appends at least a first frequency domain symbol of the sequence of frequency domain symbols to at least one end of the allocation of REs in order to avoid mapping to the unavailable frequency resources; or a third scheme that involves skipping transmission of one or more frequency domain symbols that map to the unavailable frequency resources. In an analogous art, Mao discloses wherein the scheme for generating the waveform is selected from at least two schemes including a third scheme that involves skipping transmission of one or more frequency domain symbols that map to the unavailable frequency resources (para 0058; 0061; 0076; skipping over the unavailable REs). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta’s method/system by having Mao’s disclosure in order to increase diversity gain to achieve high signal to interference ratio . 07-21-aia AIA Claim s 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Sengupta in view of Panteleev (WO 2020/146893, hereinafter Panteleev) . Regarding claim 3, Hosseini/Sengupta does not explicitly disclose wherein the unavailable frequency resources comprise one or more unavailable REs that form one or more gaps in the allocation of REs; and the selected scheme avoids the unavailable REs when mapping the sequence of frequency domain symbols to REs. In an analogous art, Panteleev discloses wherein the unavailable frequency resources comprise one or more unavailable REs that form one or more gaps in the allocation of REs (para 0074; and 0253); and the selected scheme avoids the unavailable REs when mapping the sequence of frequency domain symbols to REs (para 0253; excluding switching gaps and reserved/unavailable symbols). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta’s method/system by having Panteleev’s disclosure in order to avoid collisions in a broadcast transmission. Regarding claim 5, Hosseini discloses wherein the one or more criteria are based on at least one of the following parameters: a number of REs, of the allocation of REs, that are available for outputting the waveform (para 0046; 0049; number of available resources); a number of the one or more unavailable REs; a size of at least one of the one or more gaps; a quantity of the one or more gaps; a distance of at least one of the one or more gaps from an edge of the allocation; at least one distance between the one or more gaps; or at least one threshold value (para 0062-0064; comparing size with the threshold) . 07-21-aia AIA Claim s 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Sengupta/Panteleev in view of Yang et al. (US 2019/0215110, hereinafter Yang) . Regarding claims 4, Hosseini/Sengupta/Panteleev does not expclitly disclose wherein the one or more unavailable REs are allocated for comb-based transmissions. In an analogous art, Yang discloses wherein the one or more unavailable REs are allocated for comb-based transmissions (para 0281; comb transmission for reserved bits). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta/Panteleev’s method/system by having Yang’s disclosure in order to provide large number of highly stable, equally spaced frequency channels from the same source . 07-21-aia AIA Claim s 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Sengupta in view of khoshnevisan et al. (US 2020/0267748, hereinafter Khoshnevisan) Regarding claims 9, Hosseini/Sengupta does not expclitly disclose wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: transmit signaling indicating a capability of the apparatus to support selecting the scheme based on the one or more criteria. In an analogous art, Khoshnevisan discloses wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: transmit signaling indicating a capability of the apparatus to support selecting the scheme based on the one or more criteria (para 0004; 0032; 0043; 0220; signaling an indication of a capability of UE – selection component). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta’s method/system by having Khoshnevisan’s disclosure in order to dynamically switching between different schemes according to UE to improve the quality of service. Regarding claim 10, Hosseini/Sengupta does not expclitly disclose wherein the signaling indicating a capability is transmitted using at least one of: radio resource control (RRC) signaling; or a medium access control (MAC) control element (MAC-CE). In an analogous art, Khoshnevisan discloses wherein the signaling indicating a capability is transmitted using at least one of: radio resource control (RRC) signaling; or a medium access control (MAC) control element (MAC-CE) (para 0146; RRC). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta’s method/system by having Khoshnevisan’s disclosure in order to efficiently allocating resources to ensure reliable and secure data transmission . 07-21-aia AIA Claim s 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Sengupta in view of Wang et al. (US 2019/0141499, hereinafter Wang) . Regarding claim 13, Hossein/Sengupta does not explicitly disclose wherein the generated waveform comprises a single carrier waveform. In an analogous art, Wang discloses wherein the generated waveform comprises a single carrier waveform (para 0075; single carrier waveform). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta’s method/system by having Wang’s disclosure in order to reduce interference in a communication system . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Sengupta in view of Nakamura et al. (US 2011/0097993, hereinafter Nakamura) . Regarding claim 14, Hosseini/Sengupta does not explicitly disclose wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: transmit signaling indicating the selected scheme to a receiving device. In an analogous art, Nakamura discloses wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: transmit signaling indicating the selected scheme to a receiving device (para 0016-0017; 0023-0024; selects a transmission scheme enabling the reception apparatus to demodulate from among the plurality of transmission schemes, and is capable of generating a signal used in the separately selected transmission scheme based on the demodulated signal). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Sengupta’s method/system by having Nakamura’s disclosure in order to improve spectral efficiency of a communication system . 07-21-aia AIA Claim s 15, 25-26 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini in view of Ibars et al. (US 2021/0119848, hereinafter Ibars) . Regarding claims 15 and 30, Hosseini discoses an apparatus for wireless communication (fig. 1), comprising: a memory (para 0104; memory) comprising computer-executable instructions (para 0104; memory store computer-executable software/instructions); and one or more processors configured to execute the computer-executable instructions (para 0103; a processor to execute computer – readable instructions) and cause the apparatus to: obtain a waveform (para 0034; 0110-0112; The transmit processor generates transmit waveform symbols and at the UE, a receiver receives the downlink transmission); select, based on one or more criteria, a scheme from a plurality of schemes for processing the waveform (para 0038; 0110 and 0112; Channel estimates, derived by the channel processor from a reference signal transmitted by the base station or from feedback by the base station, may be used to select the appropriate coding, modulation, waveform generation schemes) that accounts for unavailable frequency resources within an allocation of resource elements (REs) (para 0023; 0044; 0049; available communication resources (including time, frequency and/or spatial dimension) within resource are considered for allocation which implies while generating time-domain signal/waveform unavailable resources are being considered for skipping). Hosseini does not explicitly disclose to extract a sequence of frequency domain symbols from the waveform based on the selected scheme; wherein the selected scheme avoids the unavailable frequency resources when extracting frequency domain symbols from REs. In an analogous art, Ibars discloses extracting a sequence of frequency domain symbols from the waveform based on the selected scheme (604 of fig. 6, para 0066 –extracting transport blocks from data , para 0474); wherein the selected scheme avoids the unavailable frequency resources when extracting frequency domain symbols from REs (para 0065 , 0067-0068; soft demapping – it’s implied because soft demapping avoids the missing/corrupted or unavailable symbols). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini’s method/system by having Ibars’s disclosure in order to the reliability of a communication system. Regarding claim 25, Hosseini discloses wherein the one or more criteria are based on at least one of: a modulation and coding scheme (MCS) associated with the waveform (para 0110 and 0112; Channel estimates, derived by the channel processor from a reference signal transmitted by the base station or from feedback by the base station, may be used to select the appropriate coding, modulation, waveform generation schemes); a type of the waveform; a capability of a receiving device; or at least one parameter related to performance of the apparatus. Regarding claim 26, Hosseini discloses wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: obtain an indication of a scheme for generating a waveform that accounts for unavailable frequency resources (para 0023; 0044; 0049; available communication resources (including time, frequency and/or spatial dimension) within resource are considered for allocation which implies while generating time-domain signal/waveform unavailable resources are being considered for skipping), wherein the selection of the scheme is based on the indication (para 0112; Channel estimates, derived by the channel processor from a reference signal transmitted by the base station or from feedback by the base station, may be used to select the appropriate coding, modulation, waveform generation schemes) . 07-21-aia AIA Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Ibars in view of Mao . Regarding claim 16, Hosseini/Ibars does not explicitly disclose wherein the scheme for generating the waveform is selected from at least two schemes including at least one of: a first scheme that shifts at least some of the frequency domain symbols, in order, to avoid mapping to the unavailable frequency resources; a second scheme that appends at least a first frequency domain symbol of the sequence of frequency domain symbols to at least one end of the allocation of REs in order to avoid mapping to the unavailable frequency resources; or a third scheme that involves skipping transmission of one or more frequency domain symbols that map to the unavailable frequency resources. In an analogous art, Mao discloses wherein the scheme for generating the waveform is selected from at least two schemes including a third scheme that involves skipping transmission of one or more frequency domain symbols that map to the unavailable frequency resources (para 0058; 0061; 0076; skipping over the unavailable REs). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibar’s method/system by having Mao’s disclosure in order to increase diversity gain to achieve high signal to interference ratio . 07-21-aia AIA Claim s 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Ibars in view of Panteleev . Regarding claim 17, Hosseini/Ibars does not explicitly disclose wherein the unavailable frequency resources comprise one or more unavailable REs that form one or more gaps in the allocation of REs; and the selected scheme avoids the unavailable REs when mapping the sequence of frequency domain symbols to REs. In an analogous art, Panteleev discloses wherein the unavailable frequency resources comprise one or more unavailable REs that form one or more gaps in the allocation of REs (para 0074; and 0253); and the selected scheme avoids the unavailable REs when mapping the sequence of frequency domain symbols to REs (para 0253; excluding switching gaps and reserved/unavailable symbols). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibar’s method/system by having Panteleev’s disclosure in order to avoid collisions in a broadcast transmission. Regarding claim 19, Hosseini discloses wherein the one or more criteria are based on at least one of the following parameters: a number of REs, of the allocation of REs, that are available for outputting the waveform (para 0046; 0049; number of available resources); a number of the one or more unavailable REs; a size of at least one of the one or more gaps; a quantity of the one or more gaps; a distance of at least one of the one or more gaps from an edge of the allocation; at least one distance between the one or more gaps; or at least one threshold value (para 0062-0064; comparing size with the threshold) . 07-21-aia AIA Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Ibars/Panteleev in view of Yang . Regarding claims 18, Hosseini/Ibars/Panteleev does not expclitly disclose wherein the one or more unavailable REs are allocated for comb-based transmissions. In an analogous art, Yang discloses wherein the one or more unavailable REs are allocated for comb-based transmissions (para 0281; comb transmission for reserved bits). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibars/Panteleev’s method/system by having Yang’s disclosure in order to provide large number of highly stable, equally spaced frequency channels from the same source . 07-21-aia AIA Claim s 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Ibars in view of khoshnevisan . Regarding claims 23, Hosseini/Ibars does not expclitly disclose wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: transmit signaling indicating a capability of the apparatus to support selecting the scheme based on the one or more criteria. In an analogous art, Khoshnevisan discloses wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: transmit signaling indicating a capability of the apparatus to support selecting the scheme based on the one or more criteria (para 0004; 0032; 0043; 0220; signaling an indication of a capability of UE – selection component). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibars’s method/system by having Khoshnevisan’s disclosure in order to dynamically switching between different schemes according to UE to improve the quality of service. Regarding claim 24, Hosseini/Ibars does not expclitly disclose wherein the signaling indicating a capability is transmitted using at least one of: radio resource control (RRC) signaling; or a medium access control (MAC) control element (MAC-CE). In an analogous art, Khoshnevisan discloses wherein the signaling indicating a capability is transmitted using at least one of: radio resource control (RRC) signaling; or a medium access control (MAC) control element (MAC-CE) (para 0146; RRC). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibars’s method/system by having Khoshnevisan’s disclosure in order to efficiently allocating resources to ensure reliable and secure data transmission 07-21-aia AIA Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Ibars in view of Wang . Regarding claim 27, Hossein/Ibars does not explicitly disclose wherein the generated waveform comprises a single carrier waveform. In an analogous art, Wang discloses wherein the generated waveform comprises a single carrier waveform (para 0075; single carrier waveform). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibar’s method/system by having Wang’s disclosure in order to reduce interference in a communication system . 07-21-aia AIA Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini/Ibars in view of Nakamura . Regarding claim 28, Hosseini/Ibars does not explicitly disclose wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: receive signaling indicating the selected scheme from a transmitting device. In an analogous art, Nakamura discloses wherein the one or more processors are further configured to execute the computer-executable instructions and cause the apparatus to: receive signaling indicating the selected scheme from a transmitting device (para 0016-0017; 0023-0024; selects a transmission scheme enabling the reception apparatus to demodulate from among the plurality of transmission schemes, and is capable of generating a signal used in the separately selected transmission scheme based on the demodulated signal). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hosseini/Ibar’s method/system by having Nakamura’s disclosure in order to improve spectral efficiency of a communication system. Response to Arguments Based on new ground of rejection, applicant’s argument submitted on 02/12/2026 are moot. Conclusion 18. Applicant's amendment has necessitated the new ground of rejection. 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).Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMINA CHOUDHRY whose telephone number is (571)270-7102. The examiner can normally be reached on Monday to Thursday (7:30 a.m. to 5.00p.m.).If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached on (571)272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov . Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAMINA F CHOUDHRY/Primary Examiner, Art Unit 2462 Application/Control Number: 18/327,782 Page 2 Art Unit: 2462 Application/Control Number: 18/327,782 Page 3 Art Unit: 2462 Application/Control Number: 18/327,782 Page 4 Art Unit: 2462 Application/Control Number: 18/327,782 Page 5 Art Unit: 2462 Application/Control Number: 18/327,782 Page 6 Art Unit: 2462 Application/Control Number: 18/327,782 Page 7 Art Unit: 2462 Application/Control Number: 18/327,782 Page 9 Art Unit: 2462 Application/Control Number: 18/327,782 Page 10 Art Unit: 2462 Application/Control Number: 18/327,782 Page 11 Art Unit: 2462 Application/Control Number: 18/327,782 Page 12 Art Unit: 2462 Application/Control Number: 18/327,782 Page 13 Art Unit: 2462 Application/Control Number: 18/327,782 Page 14 Art Unit: 2462 Application/Control Number: 18/327,782 Page 15 Art Unit: 2462 Application/Control Number: 18/327,782 Page 16 Art Unit: 2462
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