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 .
Claims 1-20 are pending.
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.
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.
Claims 1, 2, 4, 10-17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Babaei, Alireza, application no. 2022/0279456 hereinafter known as Babaei in view of Karki et al, application no. 2020/0389878, hereinafter known as Karki.
As to claim 1, Babaei discloses a method for determining a HARQ-ACK transmission resource, comprising: determining, by a terminal, a first hybrid automatic repeat request- acknowledgement (HARQ-ACK) transmission resource based on a first subcarrier spacing (SCS) and a first carrier (Babaei, [0087], [0111], [0152], physical uplink control channel (PUCCH) typical sent by terminals to the network that further includes HARQ-ACK information; [0253], [0259], receiving by terminal configuration information for sending HARQ feedback in the PUCCH, the configuration allows terminal to determine SCS and carrier, the carrier being a choice between PCell or SCell); and in a case of determining that the first HARQ-ACK transmission resource is unavailable, determining, by the terminal, a second HARQ-ACK transmission resource after a first HARQ-ACK feedback time based on the first subcarrier spacing and the first carrier, or determining a third HARQ-ACK transmission resource after the first HARQ-ACK feedback time based on a second carrier (the limitation here is read in broadest reasonable interpretation in disjunctive form where this limitation would read on prior teaching either option A or B. Babaei teaches the option b as underlined at, [0164], choosing another HARQ-ACK when the first HARQ is not available based on second carrier, a different cell Pcell or Scell would constitute second carrier), wherein the first HARQ-ACK feedback time is determined based on the first subcarrier spacing or based on the first subcarrier spacing and the first carrier (Babaei, [0253], [0259], receiving by terminal configuration information for sending HARQ feedback in the PUCCH, the configuration allows terminal to determine SCS and carrier, the carrier being a choice between PCell or Scell; the configure from network include slot and period information that helps determine timing). Babaei teaches different possible numerologies and different cells having different UL/DL patterns ([0098], [0154]), Babaei does not expressly disclose however Karki discloses determining a third HARQ-ACK transmission resource after the first HARQ-ACK feedback time based on a second
subcarrier spacing (Karki, [0004], [0014], HARQ-ACK feedback timing is based on SCS numerologies).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Babaei to include the limitations determining a third HARQ-ACK transmission resource after the first HARQ-ACK feedback time based on a second subcarrier spacing of as taught by Karki. Plural numerologies are used in the art for plural PUCCH and HARQ-ACK timing configurations.
As to claim 2, Babaei discloses the method of determining a HARQ-ACK transmission resource according to claim 1. Babaei does not disclose however Karki discloses wherein the determining a third HARQ-ACK transmission resource after the first HARQ-ACK feedback time based on a second subcarrier spacing and a second carrier comprises at least one of the following: determining a second HARQ-ACK feedback time after the first HARQ-ACK feedback time based on the second subcarrier spacing, determining the second carrier based on the second HARQ-ACK feedback time, and determining the third HARQ-ACK transmission resource based on the second HARQ-ACK feedback time and the second carrier(Karki, [0004], HARQ-ACK transmission according their timing and carrier in the art, [0023], location in time for HARQ-ACK); determining a third HARQ-ACK feedback time based on the second subcarrier spacing and the second carrier, and determining the third HARQ-ACK transmission resource based on the third HARQ-ACK feedback time and the second carrier; or determining a fourth HARQ-ACK feedback time after the first HARQ-ACK feedback time based on the first subcarrier spacing and the second subcarrier spacing, and determining the third HARQ-ACK transmission resource based on the fourth HARQ-ACK feedback time and the second carrier.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Babaei to include the limitations wherein the determining a third HARQ-ACK transmission resource after the first HARQ-ACK feedback time based on a second subcarrier spacing and a second carrier comprises at least one of the following: determining a second HARQ-ACK feedback time after the first HARQ-ACK feedback time based on the second subcarrier spacing, determining the second carrier based on the second HARQ-ACK feedback time, and determining the third HARQ-ACK transmission resource based on the second HARQ-ACK feedback time and the second carrier (Karki, [0004], HARQ-ACK transmission according to their timing and carrier as known in the art, [0023], location in time for HARQ-ACK);determining a third HARQ-ACK feedback time based on the second subcarrier spacing and the second carrier, and determining the third HARQ-ACK transmission resource based on the third HARQ-ACK feedback time and the second carrier; or determining a fourth HARQ-ACK feedback time after the first HARQ-ACK feedback time based on the first subcarrier spacing and the second subcarrier spacing, and determining the third HARQ-ACK transmission resource based on the fourth HARQ-ACK feedback time and the second carrier of as taught by Karki. HARQ-ACK configuration information such as timing is invariably based on associated subcarrier spacing, carrier information and other numerology as well known in the art.
As to claim 4, Babaei discloses the method of determining a HARQ-ACK transmission resource according to claim 1. Babaei does not disclose however Karki discloses wherein the third HARQ-ACK feedback time is after the first HARQ-ACK feedback time (Karki, [0039], dynamically choosing HARQ-ACK based on received DCI and when determining HARQ-ACK is not available, postponing the HARQ-ACK transmission; invariably second or subsequent feedback timing would be after the first when the first one is not available and there is postponement).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Babaei to include the limitations wherein the third HARQ-ACK feedback time is after the first HARQ-ACK feedback time of as taught by Karki. Alternate or subsequent HARQ-ACK would come after first HARQ-ACK fails or is unavailable.
As to claim 10, Babaei discloses wherein the determining, by a terminal, a first HARQ-ACK transmission resource based on a first subcarrier spacing and a first carrier comprises one of the following: determining, by the terminal, the first HARQ-ACK feedback time based on the first subcarrier spacing (Babaei, [0253], [0259], receiving by terminal configuration information for sending HARQ feedback in the PUCCH, the configuration allows terminal to determine SCS and carrier, the carrier being a choice between PCell or Scell); determining, by the terminal, the first carrier based on the first HARQ-ACK feedback time; and determining, by the terminal, the first HARQ-ACK transmission resource based on the first HARQ-ACK feedback time and the first carrier; and determining, by the terminal, the first HARQ-ACK feedback time based on the first subcarrier spacing and the first carrier; and determining, by the terminal, the first HARQ-ACK transmission resource based on the first HARQ-ACK feedback time and the first carrier.
As to claim 11, Babaei discloses wherein the determining, by the terminal, the first HARQ-ACK feedback time based on the first subcarrier spacing comprises at least one of the following: determining the first HARQ-ACK feedback time based on a HARQ-ACK feedback time indication set corresponding to the first subcarrier spacing; or determining the first HARQ-ACK feedback time based on a HARQ-ACK feedback time indication set configured for a cell group (Babaei, [0253], [0259], receiving by terminal configuration information for sending HARQ feedback in the PUCCH, the configuration allows terminal to determine SCS and carrier, the carrier being a choice between PCell or Scell).
As to claim 12, Babaei discloses the first HARQ-ACK feedback time based on the first subcarrier spacing and the first carrier comprises: determining, by the terminal, the first HARQ-ACK feedback time based on a HARQ-ACK feedback time indication set corresponding to the first carrier (Babaei, [0253], [0259], first).
As to claim 13, Babaei discloses wherein the method further comprises: determining, by the terminal, the first carrier according to a network-side indication or a predefined rule (Babaei, [0242], [0253], carrier based on cell configuration).
As to claim 14, Babaei discloses wherein the first carrier and/or the second carrier is determined based on one of the following: a carrier with a smallest number in carriers configured with a physical uplink control channel (PUCCH) resource; a carrier with a largest number in carriers configured with a PUCCH resource (Babaei, [0157, carried with smallest index); a carrier corresponding to a current location in a PUCCH cell timing pattern; a carrier determined according to an order of numbers of multiple carriers in a case that the first carrier and/or the second carrier corresponds to the multiple carriers; a carrier of a semi-persistent scheduling SPS physical downlink shared channel (PDSCH) received by the terminal; a carrier for uplink transmission indicated by downlink control information (DCI); a primary carrier, a primary cell (PCell), or a primary secondary cell (PScell); and a secondary cell (SCell).
As to claim 15, Babaei discloses wherein the first subcarrier spacing and/or the second subcarrier spacing is determined based on one of the following: a reference subcarrier spacing configured by a network-side device; a subcarrier spacing uniformly configured by the network-side device for a cell group; a subcarrier spacing corresponding to a carrier with a smallest number in carriers configured with a physical uplink control channel (PUCCH) resource; a subcarrier spacing corresponding to a carrier with a largest number in carriers configured with a PUCCH resource; a subcarrier spacing of a carrier corresponding to a current location in a PUCCH cell timing pattern; a subcarrier spacing of a carrier determined according to an order of numbers of multiple carriers in a case that the first carrier and/or the second carrier corresponds to the multiple carriers, or a subcarrier spacing determined according to an order of subcarrier spacings of the multiple carriers; a subcarrier spacing of a carrier of a semi-persistent scheduling (SPS) physical downlink shared channel (PDSCH) received by the terminal; a subcarrier spacing of a carrier for uplink transmission indicated by downlink control information (DCI); a subcarrier spacing of a primary carrier, a primary cell (PCell), or a primary secondary cell (PScell); and a subcarrier spacing of a secondary cell (SCell) (Babaei, [0161], [0253], based on subcarrier spacing of PScell or Scell).
As to claims 16 and 20, the claims are each rejected as applied to claim 1 above by Babaei.
As to claim 17, the claim is rejected as applied to claim 2 above by Babaei in view of Karki.
As to claim 19, the claim is rejected as applied to claim 10 above by Babaei.
Allowable Subject Matter
Claims 3, 5-9 and 18 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.
Response to Arguments
Applicant’s arguments with respect to claims 1, 16 and 20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm.
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/GAUTAM SHARMA/ Examiner, Art Unit 2467
/HASSAN A PHILLIPS/ Supervisory Patent Examiner, Art Unit 2467
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