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 .
Response to Arguments
Applicant's arguments filed May 08, 2026 have been fully considered but they are not fully persuasive.
RE claims 1 6 and 11, Examiner has review the arguments in light of the submitted amended claims. However, Examiner finds that Wang remains at least partially in anticipation of some of the amended features, while Gao in fact is believed to teach others. As a result, new grounds of rejection, necessitated by amendment are presented below in view of these new findings in Wang in view of additional teachings located in Gao, as well as in view of newly discovered teachings of Kittichokechai et al.
RE claims 2-4, 7-9 and 12-13, the rejection of these claims have not been specifically challenged in detail. Applicants merely assert they are believed allowable in view of the reasons states for 1, 6 and 11. As such, the rejection of these claims are maintained, with the grounds of rejection updated as needed in view of the prior art findings and grounds presented below for claims 1, 6 and 11.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 12,537,630, Wang hereafter), in view of Gao et al. in view of Kittichokechai et al. (US 2024/0195536, Kittichokechai hereafter).
RE claims 1 and 6, Wang discloses a method and terminal device comprising: a transceiver; a processor coupled to the transceiver; and a memory storing a computer program (Figure 12) which, when executed by the terminal device, causes the terminal device to: determine a first time unit for transmission of first feedback response information according to configuration information, wherein deferral transmission of the first feedback response information is supported (Column 4, lines 41-59, “a terminal device is configured with an SPS configuration with one slot periodicity, slot based HARQ feedback, and a HARQ timing value K of 2 in an activation Downlink Control Information (DCI).” In this example, based on the value K the terminal determines a time slot for sending HARQ feedback. However, if the terminal next determines that the slot is configured for downlink, then it may drop the HARQ feedback transmission. Column 7 next discloses an example in which deferral is supported); in the case where no available transmission resource is in the first time unit and first information instructs the terminal device to retransmit in a second time unit second feedback response information (Column 7, lines 1-30, in this example the same occurs as in the first example above. Wang discloses “the terminal device 120 is configured with an SPS configuration #1.A HARQ timing value K1 for the SPS configuration #1 is indicated as 2.” and “Based on the HARQ timing value K1 for the SPS configuration #1, the terminal device 120 determines that a HARQ feedback for the SPS PDSCH in a slot n is to be transmitted in a slot n+2. However, based on a TDD configuration (not shown), the terminal device 120 determines that the slot n+2 is configured for downlink transmission. Thus, the terminal device 120 determines that the slot n+2 is unavailable for transmission of the HARQ feedback for the SPS PDSCH in the slot n. In this case, the terminal device 120 postpones the transmission of the HARQ feedback.”. Finally Wang discloses “Based on the HARQ timing value K1 for the SPS PDSCH, the terminal device 120 determines that a HARQ feedback for the SPS PDSCH in a slot n+2 is to be transmitted in a slot n+4. The terminal device 120 multiplexes the postponed HARQ feedback for the SPS PDSCH in the slot n with the HARQ feedback for the SPS PDSCH in the slot n+2. In turn, the terminal device 120 transmits the multiplexed HARQ feedbacks to the network device 110 in the slot n+4.”), wherein the first time unit is the second time unit, or the first time unit is no later than the second time unit (In the example in Column 7 above, the first slot is n+2, the second slot is n+4. The first slot precedes the second slot where the postponed feedback from the n+2 slot is ultimately transmitted along with feedback normally set for n+4); wherein the first feedback response information is semi-persistent scheduling (SPS) HARQ-ACK (Column 7, lines 1-30, the HARQ feedback, which is an ACK/NACK per the background section of is for an SPS PDSCH. It is an SPS HARQ ACK/NACK.); wherein the first information is carried in downlink control information (DCI) (Column 4, lines 41-59, “a terminal device is configured with an SPS configuration with one slot periodicity, slot based HARQ feedback, and a HARQ timing value K of 2 in an activation Downlink Control Information (DCI).”); and wherein the terminal device does not expect that a priority of the second feedback response information is lower than a priority of the first feedback response information (Column 7 lines 47-48 and column 9 lines 21-22 discloses that in some examples the first and second HARQ feedback may be the same or different priority. In both cases postponement/deferral still occurs. Thus as best understood by Examiner, this anticipates that the terminal does not require/expect any particular priority arrangement).
Wang does not explicitly disclose determining a physical uplink control channel (PUCCH) resource in the second time unit according to the first feedback response information and hybrid automatic repeat request-acknowledgement (HARQ-ACK) information bits in the second feedback response information; and in the case where the PUCCH resource is unavailable, transmitting the second feedback response information in the second time unit, and in the case where the second time unit is no later than a maximum feedback deferral position corresponding to the first feedback response information, deferring transmission of the first feedback response information to an available time unit between the second time unit and the maximum feedback deferral position corresponding to the first feedback response information; and the second feedback response information is HARQ-ACK codebook 1.
However, Gao teaches in the case where the PUCCH resource is unavailable, transmitting the second feedback response information in the second time unit, and in the case where the second time unit is no later than a maximum feedback deferral position corresponding to the first feedback response information, deferring transmission of the first feedback response information to an available time unit between the second time unit and the maximum feedback deferral position corresponding to the first feedback response information (Paragraph 168 teaches an embodiment in which slots are tried one by one consecutive in time until a target slot is located that can transmit the deferred HARQ-ACK. ).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and terminal of Wang with the teachings of Gao since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Wang in view of Gao does not explicitly disclose determining a physical uplink control channel (PUCCH) resource in the second time unit according to the first feedback response information and hybrid automatic repeat request-acknowledgement (HARQ-ACK) information bits in the second feedback response information; and the second feedback response information is HARQ-ACK codebook 1.
However, Kittichokechai teaches determining a physical uplink control channel (PUCCH) resource in the second time unit according to the first feedback response information and hybrid automatic repeat request-acknowledgement (HARQ-ACK) information bits in the second feedback response information; and the second feedback response information is HARQ-ACK codebook 1 (Paragraph 176-177, corresponding to paragraph 133-134 of the provisional, teaches deferral of SPS HARQ-ACK bits of as type 1 codebook from one PUCCH slot to another by appending or prepending the deferred bits with a type 1 codebook of another PUCCH slot);
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method and terminal of Wang in view of Gao in view of the teachings of Kittichokechai since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claims 2 and 7, Wang in view of Gao and further in view of Kittichokechai discloses the method of claim 1 and the terminal device of claim 6 as set forth above.
Note that Wang further discloses wherein: the priority of the first feedback response information is the same as the priority of the second feedback response information (Column 7 lines 47-48 disclose the first and second HARQ feedback have the same priority); or the terminal device supports multiplexing transmission of uplink control information (UCI) with different priorities (Column 10 lines 1-5, postponed HARQ feedback having high priority is multiplexed with feedback having a low priority).
RE claims 3 and 8, Wang in view of Gao and further in view of Kittichokechai discloses the method of claim 1 and the terminal device of claim 6 as set forth above.
Note that Gao further teaches dropping the first feedback response information, in the case where the second time unit is the maximum feedback deferral position corresponding to the first feedback response information or the second time unit is later than the maximum feedback deferral position corresponding to the first feedback response information (Paragraphs 143 -146 teach that a maximum number of deferring slots is predefined or configured. If that range in exceeded, meaning even if the next available slot is later than the maximum number of deferring slots, then the feedback is discarded).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and terminal of Wang with the teachings of Gao in order to prevent transmission of outdated deferred feedback thereby avoiding unnecessary signaling.
RE claims 4 and 9, Wang in view of Gao and further in view of Kittichokechai discloses the method of claim 1 and terminal device of claim 6 set forth above. Note that Kittichokechai further teaches where the PUCCH resource is available, transmitting on the PUCCH resource both the first feedback response information and the second feedback response information that are concatenated (Paragraph 176-177, corresponding to paragraph 133-134 of the provisional, teaches deferral of SPS HARQ-ACK bits of as type 1 codebook from one PUCCH slot to another by appending or prepending the deferred bits with a type 1 codebook of another PUCCH slot. Though the term is not used, appending and/or prepending deferred bits from a first codebook onto another in order to transmit the deferred feedback bits meets the current scope of “concatenation” as it is merging information from both feedback transmissions into one slot.);
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method and terminal of Wang in view of Gao in view of the teachings of Kittichokechai since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 11, Wang discloses a network device, comprising: a transceiver; a processor coupled to the transceiver; and a memory storing a computer program (Figure 12) which, when executed by the processor, causes the network device to: transmit configuration information, wherein the configuration information is used by a terminal device to determine a first time unit for transmission of first feedback response information, wherein deferral transmission of the first feedback response information is supported(Column 4, lines 41-59, “a terminal device is configured with an SPS configuration with one slot periodicity, slot based HARQ feedback, and a HARQ timing value K of 2 in an activation Downlink Control Information (DCI).” In this example, based on the value K the terminal determines a time slot for sending HARQ feedback. However, if the terminal next determines that the slot is configured for downlink, then it may drop the HARQ feedback transmission. DCI is transmitted by the network device. Column 7 next discloses an example in which deferral is supported) ; transmit first information, wherein the first information is used for instructing the terminal device to retransmit in a second time unit second feedback response information (Column 7, lines 1-30, in this example the same occurs as in the first example above. Wang discloses “the terminal device 120 is configured with an SPS configuration #1.A HARQ timing value K1 for the SPS configuration #1 is indicated as 2.” and “Based on the HARQ timing value K1 for the SPS configuration #1, the terminal device 120 determines that a HARQ feedback for the SPS PDSCH in a slot n is to be transmitted in a slot n+2. However, based on a TDD configuration (not shown), the terminal device 120 determines that the slot n+2 is configured for downlink transmission. Thus, the terminal device 120 determines that the slot n+2 is unavailable for transmission of the HARQ feedback for the SPS PDSCH in the slot n. In this case, the terminal device 120 postpones the transmission of the HARQ feedback.”. Finally Wang discloses “Based on the HARQ timing value K1 for the SPS PDSCH, the terminal device 120 determines that a HARQ feedback for the SPS PDSCH in a slot n+2 is to be transmitted in a slot n+4. The terminal device 120 multiplexes the postponed HARQ feedback for the SPS PDSCH in the slot n with the HARQ feedback for the SPS PDSCH in the slot n+2. In turn, the terminal device 120 transmits the multiplexed HARQ feedbacks to the network device 110 in the slot n+4.”); receive in the second time unit the second feedback response information, wherein the second feedback response information is transmitted by the terminal device: (a) in the case where no available transmission resource is in the first time unit and the first information instructs the terminal device to retransmit in the second time unit the second feedback response information, and (Column 7, lines 1-30, in this example the same occurs as in the first example above. Wang discloses “the terminal device 120 is configured with an SPS configuration #1.A HARQ timing value K1 for the SPS configuration #1 is indicated as 2.” and “Based on the HARQ timing value K1 for the SPS configuration #1, the terminal device 120 determines that a HARQ feedback for the SPS PDSCH in a slot n is to be transmitted in a slot n+2. However, based on a TDD configuration (not shown), the terminal device 120 determines that the slot n+2 is configured for downlink transmission. Thus, the terminal device 120 determines that the slot n+2 is unavailable for transmission of the HARQ feedback for the SPS PDSCH in the slot n. In this case, the terminal device 120 postpones the transmission of the HARQ feedback.”. Finally Wang discloses “Based on the HARQ timing value K1 for the SPS PDSCH, the terminal device 120 determines that a HARQ feedback for the SPS PDSCH in a slot n+2 is to be transmitted in a slot n+4. The terminal device 120 multiplexes the postponed HARQ feedback for the SPS PDSCH in the slot n with the HARQ feedback for the SPS PDSCH in the slot n+2. In turn, the terminal device 120 transmits the multiplexed HARQ feedbacks to the network device 110 in the slot n+4.”); wherein the first time unit is the second time unit, or the first time unit is no later than the second time unit (In the example in Column 7 above, the first slot is n+2, the second slot is n+4. The first slot precedes the second slot where the postponed feedback from the n+2 slot is ultimately transmitted along with feedback normally set for n+4); wherein the first feedback response information is semi-persistent scheduling (SPS) HARQ-ACK (Column 7, lines 1-30, the HARQ feedback, which is an ACK/NACK per the background section of is for an SPS PDSCH. It is an SPS HARQ ACK/NACK.), wherein the first information is carried in downlink control information (DCI) (Column 4, lines 41-59, “a terminal device is configured with an SPS configuration with one slot periodicity, slot based HARQ feedback, and a HARQ timing value K of 2 in an activation Downlink Control Information (DCI).”); and wherein the terminal device does not expect that a priority of the second feedback response information is lower than a priority of the first feedback response information (Column 7 lines 47-48 and column 9 lines 21-22 discloses that in some examples the first and second HARQ feedback may be the same or different priority. In both cases postponement/deferral still occurs. Thus as best understood by Examiner, this anticipates that the terminal does not require/expect any particular priority arrangement).
Wang does not explicitly disclose: (b) in the case where a physical uplink control channel (PUCCH) resource in the second time unit is unavailable, wherein the PUCCH resource in the second time unit is determined by the terminal device according to the first feedback response information and hybrid automatic repeat request-acknowledgement (HARQ-ACK) information bits in the second feedback response information; receiving, in an available time unit between the second time unit and a maximum feedback deferral position corresponding to the first feedback response information, the first feedback response information that is transmitted in a deferred manner; and the second feedback response information is HARQ-ACK codebook 1;
However, Gao teaches receiving, in an available time unit between the second time unit and a maximum feedback deferral position corresponding to the first feedback response information, the first feedback response information that is transmitted in a deferred manner (Paragraph 168 teaches an embodiment in which slots are tried one by one consecutive in time until a target slot is located that can transmit the deferred HARQ-ACK. ).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the network device of Wang with the teachings of Gao since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Wang in view of Gao does not explicitly disclose: (b) in the case where a physical uplink control channel (PUCCH) resource in the second time unit is unavailable, wherein the PUCCH resource in the second time unit is determined by the terminal device according to the first feedback response information and hybrid automatic repeat request-acknowledgement (HARQ-ACK) information bits in the second feedback response information; and the second feedback response information is HARQ-ACK codebook 1.
However, Kittichokechai teaches (b) in the case where a physical uplink control channel (PUCCH) resource in the second time unit is unavailable, wherein the PUCCH resource in the second time unit is determined by the terminal device according to the first feedback response information and hybrid automatic repeat request-acknowledgement (HARQ-ACK) information bits in the second feedback response information; and the second feedback response information is HARQ-ACK codebook 1 (Paragraph 176-177, corresponding to paragraph 133-134 of the provisional, teaches deferral of SPS HARQ-ACK bits of as type 1 codebook from one PUCCH slot to another by appending or prepending the deferred bits with a type 1 codebook of another PUCCH slot);
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the network device of Wang in view of Gao in view of the teachings of Kittichokechai since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 12, Wang in view of Gao and further in view of Kittichokechai discloses the network device of claim 11 as set forth above. Note that Wang further discloses wherein: the priority of the first feedback response information is the same as the priority of the second feedback response information (Column 7 lines 47-48 disclose the first and second HARQ feedback have the same priority); or the terminal device supports multiplexing transmission of uplink control information (UCI) with different priorities (Column 10 lines 1-5, postponed HARQ feedback having high priority is multiplexed with feedback having a low priority).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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).
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.
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/James P Duffy/ Primary Examiner, Art Unit 2461
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