DETAILED ACTION
This Final Office Action is in response to application number 18,350,888 filed on July 12th 2023. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statements
The Information Disclosure Statements (IDS), submitted on May 1st 2025, December 27th 2024, February 2nd 2024 and January 26th 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Response to Arguments
Applicant's arguments filed on 01/22/2026 have been fully considered but they are not persuasive.
In the remarks, applicant contends that “Takeda does not disclose the recited first value that indicates whether the terminal device delays transmission of HARQ-ACK, contrary to the office's assertion. Logically, Takeda does not disclose the limitation of receiving the first indication information comprising the first value for sending HARQ-ACK”.
The Examiner respectfully disagrees as paragraph 0073 discloses “Note that the timing indication for HARQ-ACK may indicate a period from reception timing of a MAC CE to timing of transmitting a HARQ-ACK for the MAC CE, or may indicate a period from reception timing of DCI for indicating reception of a MAC CE to timing of transmitting the HARQ-ACK.”. Here the timing indication for HARQ-ACK indicates a period from reception of a MAC CE to transmitting a HARQ-ACK for the MAC CE, whereby the period from reception of MAC CE to transmission of the HARQ-ACK represents the delay forementioned in the limitation. Additionally paragraph 0078 discloses “The UE transmits an ACK to the gNB at timing (slot #3) that is indicated by the timing indication for HARQ-ACK with respect to the timing (slot #1) at which the MAC CE is received.”. Furthermore Paragraph 0065 disclose the UE receiving the timing indication “The UE receives DCI (PDCCH) for indicating reception of a MAC CE (POSCH). The DCI includes information related to transmission timing of a feedback for the MAC CE. The information may be referred to as timing indication for HARQ-ACK, K1, or the like. The timing indication for HARQ-ACK may be expressed in the unit of slot, for example”.
Claim Rejections – 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,4-6,9-11 and 14-16 are rejected under 35 U.S.C. 102(a) as being anticipated by Takeda et al. (EP 3755038 A1).
Regarding claims 1,6 and 11, Takeda et al. disclose a method for determining a time to apply a media access control MAC signaling, comprising: receiving, by a terminal device, the media access control MAC signaling (Paragraph 0066 discloses “… the gNB transmits a MAC CE …”); receiving, by the terminal device, first indication information, comprising a first value for the terminal device to send hybrid automatic repeat request HARQ acknowledgment ACK information, wherein the first value indicates whether the terminal device delays feedback of the HARQ-ACK (Paragraph 0073 discloses “Note that the timing indication for HARQ-ACK may indicate a period from reception timing of a MAC CE to timing of transmitting a HARQ-ACK for the MAC CE, or may indicate a period from reception timing of DCI for indicating reception of a MAC CE to timing of transmitting the HARQ-ACK.”. Here the timing indication for HARQ-ACK indicates a period from reception of a MAC CE to transmitting a HARQ-ACK for the MAC CE, whereby the period from reception of MAC CE to transmission of the HARQ-ACK represents the delay forementioned in the limitation. Additionally paragraph 0078 discloses “The UE transmits an ACK to the gNB at timing (slot #3) that is indicated by the timing indication for HARQ-ACK with respect to the timing (slot #1) at which the MAC CE is received.”. Furthermore Paragraph 0065 disclose the UE receiving the timing indication “The UE receives DCI (PDCCH) for indicating reception of a MAC CE (POSCH). The DCI includes information related to transmission timing of a feedback for the MAC CE. The information may be referred to as timing indication for HARQ-ACK, K1, or the like. The timing indication for HARQ-ACK may be expressed in the unit of slot, for example”.); and determining, by the terminal device, the time to apply the MAC signaling (Paragraph 0078 discloses “The UE transmits an ACK to the gNB at timing (slot #3) that is indicated by the timing indication for HARQ-ACK with respect to the timing (slot #1) at which the MAC CE is received.” Paragraph 0068 discloses “ After receiving the MAC CE, the UE determines timing for transmitting an ACK for the MAC CE, based on the timing indication for HARQ-ACK described above, and transmits the ACK to the gNB at the determined timing.”).
Regarding claims 4,9 and 14, Takeda et al. disclose the method according to claim 1, further comprising: determining, by the terminal device, a first slot, that is a 1st slot in which the terminal device is capable of sending the HARQ-ACK of the channel carrying the first indication information (Paragraphs 0077 and 0078 disclose “For example, in slot#1, the gNB includes timing indication for HARQ-ACK in DCI for scheduling the PD-SCH including the MAC CE to transmit the timing indication for HARQ-ACK. In the case of the present example, it is assumed that timing indication for HARQ-ACK = 2 slots (represented by x1 in FIG. 2) is reported. Note that, instead of the same slot for the MAC CE, the DCI may be transmitted in another slot (for example, slot #0). The UE transmits an ACK to the gNB at timing (slot #3) that is indicated by the timing indication for HARQ-ACK with respect to the timing (slot #1) at which the MAC CE is received.”) and wherein determining, by the terminal device, the time to apply the MAC signaling comprises: determining, by the terminal device, the time to apply the MAC signaling based on the first slot (Paragraph 0080 discloses “At the timing (slot #6) after the elapse of x1 (2 slots) +x2 (3slots) = (5 slots) from the transmission timing of the MACCE, the gNB can attempt detecting SP-CSI report(PUCCH including the SP-CSI report) and receive the SP-CSI.”).
Regarding claims 5,10 and 15, Takeda et al. disclose the method according to claim 1, wherein determining, by the terminal device, the time to apply the MAC signaling comprises: receiving, by the terminal device, second indication information, comprising a fourth value for the terminal device to send the HARQ-ACK, and the fourth value indicates that the terminal device does not delay feedback of the HARQ-ACK (Paragraph 0065 discloses The UE receives DCI (PDCCH) for indicating reception of a MAC CE (POSCH). The DCI includes information related to transmission timing of a feedback for the MAC CE. The information may be referred to as timing indication for HARQ-ACK, K1, or the like. The timing indication for HARQ-ACK may be expressed in the unit of slot,…” Whereby K1=0 indicates no delay); and determining, by the terminal device, the time to apply the MAC signaling based on the fourth value “(Paragraph 0079 discloses “After transmitting the ACK, the UE transmits SP-CSI to the gNB by using the SP-CSI resource of timing (slot #6) after the elapse of the configured offset related to the SP-CSI report (= slot 3). Here the transmission of the SP-CSI corresponds to the activation of MAC signaling).
Regarding claim 16, Takeda et al. disclose the apparatus according to claim 11, wherein when the MAC signaling indicates that a semi-persistent channel state reference signal resource CSI-RS resource set is activated, the processing unit is further configured to: determine, based on the time to apply the MAC signaling, that configuration information of the semi-persistent CSI-RS resource set indicated by the MAC signaling takes effect; and the communication unit is further configured to: receive a semi-persistent CSI-RS based on the configuration information of the semi- persistent CSI-RS (Paragraphs 0079-0080 disclose “After transmitting the ACK, the UE transmits SP-CSI to the gNB by using the SP-CSI resource of timing (slot #6) after the elapse of the configured offset related to the SP-CSI report (= slot 3). At the timing (slot #6) after the elapse of x1 + x2 (= 5 slots) from the transmission timing of the MAC CE, the gNB can attempt detecting SP-CSI report (PUCCH including the SP-CSI report) and receive the SP-CSI.”).
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 2,7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Takeda et al. (EP 3755038 A1) in view of Huawei, HiSilicon (R1-1803636).
Regarding claims 2,7 and 12, Takeda et al. disclose the method according to claim 1.
Takeda et al. fail to explicitly disclose wherein the determining, by the terminal device, the time to apply the MAC signaling comprises: determining, by the terminal device, the time to apply the MAC signaling based on a second value, wherein the second value that is associated with at least one of a subcarrier spacing of a channel carrying the MAC signaling and a processing capability of the terminal device for the channel carrying the MAC signaling.
However in an analogous art Huawei teaches determining, by the terminal device, the time to apply the MAC signaling comprises: determining, by the terminal device, the time to apply the MAC signaling based on a second value, that is associated with at least one of a subcarrier spacing of a channel carrying the MAC signaling and a processing capability of the terminal device for the channel carrying the MAC signaling (Page 5 Section 2.4 discloses “Time between the ACK transmission for the PDSCH carrying the MAC-CE activation message and the time that the UE is able to apply the QCL assumption carried by the MAC-CE message. Following is based on assumption of 120 kHz SCS for slot duration. RAN1 will down select a single value per SCS among the following candidate values which may be based on UE capability.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Takeda et al. to incorporate the teachings of Huawei., to determine by the terminal device the time to apply MAC signaling is associated with at least one of a subcarrier spacing of a channel carrying the MAC signaling and a processing capability of the terminal device exchange UE capability information, in order to provide flexibility and independence and adopt to the capabilities of the device.
Claims 3,8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Takeda et al. (EP 3755038 A1) in view of Si et al. (US 11337269 B2).
Regarding claims 3,8 and 13, Takeda et al. disclose the method according to claim 1.
Takeda et al. fail to explicitly disclose: receiving, by the terminal device, a third value; wherein determining, by the terminal device, the time to apply of applying the MAC signaling comprises: determining, by the terminal device, the time to apply the MAC signaling based on the third value.
However in an analogous art Si et l. teaches receiving, by the terminal device, a third value; wherein determining, by the terminal device, the time to apply the MAC signaling comprises: determining, by the terminal device, the time to apply the MAC signaling based on the third value (Paragraphs 154, 160 discloses “Optionally, the transmission-time offset value of the uplink SP RS is one of:” paragraph 164 “a time offset value indicated by the MAC CE signaling, wherein the time offset value is one of multiple time offset values indicated by higher-layer signaling.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Takeda et al. to incorporate the teachings of Si et al., determining by the terminal device, the time to apply of applying the MAC signaling based on the third value, in order to provide flexibility and independence.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takeda et al. (EP 3755038 A1) in view of (WO2022079918 used as a translation).
Regarding claims 17 and 19, Takeda et al. disclose the method of claim 1. wherein determining, by the terminal device, the time to apply the MAC signaling comprises: determining, by the terminal device, the time to apply the MAC signaling based on the first slot (Paragraph 0080 discloses “At the timing (slot #6) after the elapse of x1 (2 slots) +x2 (3slots) = (5 slots) from the transmission timing of the MACCE, the gNB can attempt detecting SP-CSI report(PUCCH including the SP-CSI report) and receive the SP-CSI.”).
Takeda et al. fail to explicitly disclose wherein determining, by the terminal device, a first slot in which a first symbol is located, wherein the first symbol is a 1st symbol after a time unit T of a last symbol of the channel carrying the MAC signaling
However in an analogous art Okamura et al. teaches wherein determining by the terminal device, a first slot in which a first symbol is located, wherein the first symbol is a 1st symbol after a time unit T of a last symbol of the channel carrying the MAC signaling (Paragraph 0080 discloses “In addition, the terminal 20 activates MAC CE/ Activate the deactivation command from the symbol after m symbols from the end of the received symbol/ Deactivates may be applied.”);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Takeda et al. to incorporate the teachings of Okamura et al., to determine a first slot in which a first symbol is located, wherein the first symbol is a 1st symbol after a time unit T of a last symbol of the channel carrying the MAC signaling, in order to ensure network efficiency and reliability by allowing for UE processing time.
Regarding claims 18 and 20, Takeda et al. discloses the method according to claim 17.
Takeda et al. fail to explicitly disclose wherein the first symbol is an uplink symbol.
However in an analogous art Okamura et al. teaches wherein the first symbol is an uplink symbol (Paragraph 0080 discloses “In addition, the terminal 20 activates MAC CE/ Activate the deactivation command from the symbol after m symbols from the end of the received symbol/ Deactivates may be applied.” Paragraph 0016 discloses “As shown in FIG. 1, the base station 10 transmits a control signal or data to the terminal 20 by DL (Downlink), and receives the control signal or data from the terminal 20 in UL (Uplink).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Takeda et al. to incorporate the teachings of Okamura et al., to implement the first symbol as an uplink symbol, in order to ensure network efficiency and reliability by allowing for UE processing time.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samuel Dilan Rutnam whose telephone number is 703-756-1374. The examiner can normally be reached between 8:30am-5:00pm Mon-Fri.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached on 571-272-8586.
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/Samuel Dilan Rutnam/
Examiner, Art Unit 2471
/SUJOY K KUNDU/Supervisory Patent Examiner, Art Unit 2471