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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 19, 2025 has been considered by the Examiner and made of record in the application file.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 24 is rejected under 35 U.S.C. 101 because the invention is directed to non-statutory subject matter.
Claim 24 claims a computer-readable medium.
The specification, for example paragraph [0126] recites “computer-readable medium (e.g., a non-transitory machine-readable storage medium),” does not positively limit the computer-readable medium to be statutory subject matter. Therefore, claim 24 is rejected under 35 U.S.C. 101, because a claim that covers both statutory and non-statutory embodiments (under the broadest reasonable interpretation of the claim when read in light of the specification and in view of one skilled in the art) embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. See the OG Notice titled "Subject Matter Eligibility of Computer Readable Media".
An amendment to these claims adding “non-transitory” before “computer-readable medium” would overcome this rejection.
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)(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.
Claims 1, 2, 5-8, 10, 15-19, and 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 2019/0103946, “Li”).
Regarding claim 1, Li teaches a user device (UE), comprising: a memory; and one or more processors (FIG. 2 - UE 120 includes processor 280, memory 282) configured to, when executing instructions stored in the memory, cause the UE to:
determine one or more conditions associated with at least one serving cell of the UE ([0086] “UE 120 may generate a report that indicates one or more parameters associated with UE 120. The one or more parameters may include at least one of a channel condition associated with UE 120, a power measurement of a signal associated with UE 120 and BS 110, a channel condition history associated with UE 120 (which may indicate reliability information, power transmission information, signal information (e.g., signal to noise ratio (SNR)), and/or the like), a historical traffic pattern associated with UE 120 (which may indicate types and/or an amount of traffic transmitted or received by UE 120), a performance measurement associated with UE 120 (e.g., a BLER), and/or the like. In some aspects, UE 120 may generate the report based at least in part on receiving the BS signal”); and
implement, based on the one or more conditions, at least one transmission repetition technique for uplink (UL) communications to the at least one serving cell ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”).
Regarding claim 2, Li teaches claim 1 and further teaches wherein the at least one transmission repetition technique comprises packet data convergence protocol (PDCP) duplication or physical uplink shared channel (PUSCH) repetition ([0087] “BS 110 selects the HARQ configuration for URLLC SPS and reserves resources of the PDSCH and/or PUSCH for the HARQ retransmissions for the URLLC SPS transmissions… BS 110 reserves or allocates resources of the PDSCH and/or PUSCH for the HARQ retransmissions to meet a threshold reliability and a threshold latency”).
Regarding claim 5, Li teaches claim 1 and further teaches wherein the UE is to: communicate, to the at least one service cell, UE assistance information indicating the at least one transmission repetition technique ([0086] “UE 120, as shown by reference number 710, may generate a report for a configuration for HARQ retransmissions (which may be referred to herein as a HARQ configuration) for URLLC SPS transmissions for UE 120”).
Regarding claim 6, Li teaches claim 1 and further teaches wherein the UE is to: receive, from the at least one serving cell and in response to the UE assistance information, control information configured to enable the UE to implement the at least one transmission repetition technique indicated in the UE assistance information ([0087] “UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions. As shown by reference number 720, BS 110 selects the HARQ configuration for URLLC SPS and reserves resources of the PDSCH and/or PUSCH for the HARQ retransmissions for the URLLC SPS transmissions.” [0089] “BS 110 transmits the HARQ configuration for URLLC SPS transmissions to UE 120… Accordingly, UE 120 and/or BS 110, as shown by reference number 730, may transmit URLLC SPS transmissions using the resources of the PDSCH and/or PUSCH indicated in the HARQ configuration”).
Regarding claim 7, Li teaches claim 1 and further teaches wherein the one or more conditions comprises a reference signal received power (RSRP) and a reference signal received quality (RSRQ) of the serving cell ([0086] “The one or more parameters may include at least one of a channel condition associated with UE 120, a power measurement of a signal associated with UE 120 and BS 110, a channel condition history associated with UE 120 (which may indicate reliability information, power transmission information, signal information (e.g., signal to noise ratio (SNR)), and/or the like)” [0046] “[0046] On the uplink, at UE 120, a transmit processor 264 may receive and process data from a data source 262 and control information (e.g., for reports comprising RSRP, RSSI, RSRQ, CQI, and/or the like) from controller/processor 280”).
Regarding claim 8, Li teaches claim 1 and further teaches wherein the one or more conditions comprises a latency associated with a traffic flow between the UE and the service cell ([0085] “Accordingly, some aspects herein provide a HARQ process for SPS that may satisfy a threshold reliability (e.g., a target reliability of URLLC) and a latency threshold (e.g., a latency bound of URLLC).” [0086] “UE 120, as shown by reference number 710, may generate a report for a configuration for HARQ retransmissions (which may be referred to herein as a HARQ configuration) for URLLC SPS transmissions for UE 120”.
Regarding claim 10, Li teaches claim 1 and further teaches wherein the one or more conditions comprises the UE using carrier aggregation (CA) or dual connectivity (DC) to communicate with the serving cell ([0066] “For example, the RAN (e.g., a central unit or distributed unit) can configure the cells. DCells may be cells used for carrier aggregation or dual connectivity”).
Regarding claim 15, Li teaches claim 1 and further teaches wherein the one or more conditions comprise the UE supporting one or more 3rd Generation Partnership Program (3GPP) Releases ([0030]).
Regarding claim 16, Li teaches a base station, comprising: a memory; and one or more processors (FIG. 2 – base station 110 includes processor 240 and memory 242) configured to, when executing instructions stored in the memory, cause the base station to:
receive, from a user equipment (UE), an indication of at least one transmission repetition technique for uplink (UL) communications from the UE ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”);
determine, based on the at least one transmission repetition technique, configuration information to enable UE to use the at least one transmission repetition technique for UL communications ([0087] “BS 110 selects the HARQ configuration for URLLC SPS and reserves resources of the PDSCH and/or PUSCH for the HARQ retransmissions for the URLLC SPS transmissions” [0089] “Accordingly, UE 120 and/or BS 110, as shown by reference number 730, may transmit URLLC SPS transmissions using the resources of the PDSCH and/or PUSCH indicated in the HARQ configuration”); and
communicate, to the UE, the configuration information ([0089] “BS 110 transmits the HARQ configuration for URLLC SPS transmissions to UE 120”).
Regarding claim 17, Li teaches claim 16 and further teaches wherein the indication is received as UE assistance information ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”).
Regarding claim 18, Li teaches claim 16 and further teaches wherein the control information comprises radio resource control (RRC) configuration information or downlink (DL) control information ([0089] “BS 110 may transmit the HARQ configuration via a radio resource control (RRC) channel and/or the PDCCH. Accordingly, UE 120 and/or BS 110, as shown by reference number 730, may transmit URLLC SPS transmissions using the resources of the PDSCH and/or PUSCH indicated in the HARQ configuration”).
Regarding claim 19, Li teaches claim 16 and further teaches wherein the at least one transmission repetition technique comprises packet data convergence protocol (PDCP) duplication or physical uplink shared channel (PUSCH) repetition ([0087] “BS 110 selects the HARQ configuration for URLLC SPS and reserves resources of the PDSCH and/or PUSCH for the HARQ retransmissions for the URLLC SPS transmissions… BS 110 reserves or allocates resources of the PDSCH and/or PUSCH for the HARQ retransmissions to meet a threshold reliability and a threshold latency”).
Regarding claim 21, Li teaches a method, performed by a user equipment (UE), comprising:
determining one or more conditions associated with at least one serving cell of the UE ([0086] “UE 120 may generate a report that indicates one or more parameters associated with UE 120. The one or more parameters may include at least one of a channel condition associated with UE 120, a power measurement of a signal associated with UE 120 and BS 110, a channel condition history associated with UE 120 (which may indicate reliability information, power transmission information, signal information (e.g., signal to noise ratio (SNR)), and/or the like), a historical traffic pattern associated with UE 120 (which may indicate types and/or an amount of traffic transmitted or received by UE 120), a performance measurement associated with UE 120 (e.g., a BLER), and/or the like. In some aspects, UE 120 may generate the report based at least in part on receiving the BS signal”); and
implementing, based on the one or more conditions, at least one transmission repetition technique for uplink (UL) communications to the at least one serving cell ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”).
Regarding claim 22, Li teaches a baseband processor, comprising: a memory; and one or more processors (FIG. 2 - UE 120 includes processor 280, memory 282) configured to, when executing instructions stored in the memory, cause the one or more processors to:
determine one or more conditions associated with at least one serving cell of a user equipment (UE) ([0086] “UE 120 may generate a report that indicates one or more parameters associated with UE 120. The one or more parameters may include at least one of a channel condition associated with UE 120, a power measurement of a signal associated with UE 120 and BS 110, a channel condition history associated with UE 120 (which may indicate reliability information, power transmission information, signal information (e.g., signal to noise ratio (SNR)), and/or the like), a historical traffic pattern associated with UE 120 (which may indicate types and/or an amount of traffic transmitted or received by UE 120), a performance measurement associated with UE 120 (e.g., a BLER), and/or the like. In some aspects, UE 120 may generate the report based at least in part on receiving the BS signal”); and
implement, based on the one or more conditions, at least one transmission repetition technique for uplink (UL) communications to the at least one serving cell ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”).
Regarding claim 23, Li teaches a method, performed by a base station (FIG. 2 – base station 110), the method comprising:
receiving, from a user equipment (UE), an indication of at least one transmission repetition technique for uplink (UL) communications from the UE ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”);
determining, based on the at least one transmission repetition technique, configuration information to enable UE to use the at least one transmission repetition technique for UL communications ([0087] “BS 110 selects the HARQ configuration for URLLC SPS and reserves resources of the PDSCH and/or PUSCH for the HARQ retransmissions for the URLLC SPS transmissions.” [0089] “Accordingly, UE 120 and/or BS 110, as shown by reference number 730, may transmit URLLC SPS transmissions using the resources of the PDSCH and/or PUSCH indicated in the HARQ configuration”); and
communicating, to the UE, the configuration information ([0089] “BS 110 transmits the HARQ configuration for URLLC SPS transmissions to UE 120”).
Regarding claim 24, Li teaches a computer-readable medium, comprising one or more instructions that when executed by one or more processors ([0012]), cause a base station to:
receive, from a user equipment (UE), an indication of at least one transmission repetition technique for uplink (UL) communications from the UE ([0087] “UE 120 transmits the report to BS 110. For example, UE 120 may transmit the report to BS 110 to enable BS 110 to select a configuration for HARQ retransmissions for URLLC SPS transmissions”);
determine, based on the at least one transmission repetition technique, configuration information to enable UE to use the at least one transmission repetition technique for UL communications ([0087] “BS 110 selects the HARQ configuration for URLLC SPS and reserves resources of the PDSCH and/or PUSCH for the HARQ retransmissions for the URLLC SPS transmissions” [0089] “Accordingly, UE 120 and/or BS 110, as shown by reference number 730, may transmit URLLC SPS transmissions using the resources of the PDSCH and/or PUSCH indicated in the HARQ configuration”); and
communicate, to the UE, the configuration information ([0089] “BS 110 transmits the HARQ configuration for URLLC SPS transmissions to UE 120”).
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.
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 3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Ozturk et al. (US 2023/0128119, “Ozturk”).
Regarding claim 3, Li teaches claim 1 but fails to teach wherein the at least one transmission repetition technique comprises PDCP duplication and PUSCH repetition.
Ozturk teaches wherein the at least one transmission repetition technique comprises PDCP duplication and PUSCH repetition ([0091] “the UE 120 may retransmit the PUSCH 505 (e.g., via resources of the first component carrier that are indicated by the DCI). As shown by reference number 530, the UE 120 may activate PDCP duplication based at least in part on receiving the NACK”).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the at least one transmission repetition technique comprises PDCP duplication and PUSCH repetition as taught by Ozturk in Li to increase reliability of data transmission.
Regarding claim 20, Li teaches claim 16 but fails to teach wherein the at least one transmission repetition technique comprises PDCP duplication and PUSCH repetition.
Ozturk teaches wherein the at least one transmission repetition technique comprises PDCP duplication and PUSCH repetition ([0091] “the UE 120 may retransmit the PUSCH 505 (e.g., via resources of the first component carrier that are indicated by the DCI). As shown by reference number 530, the UE 120 may activate PDCP duplication based at least in part on receiving the NACK”).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the at least one transmission repetition technique comprises PDCP duplication and PUSCH repetition as taught by Ozturk in Li to increase reliability of data transmission.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Xu et al. (US 2025/0167928, “Xu”).
Regarding claim 4, Li teaches claim 1 but fails to teach wherein the at least one transmission repetition technique comprises disabling packet data convergence protocol (PDCP) duplication or physical uplink shared channel (PUSCH) repetition.
Xu teaches wherein the at least one transmission repetition technique comprises disabling packet data convergence protocol (PDCP) duplication or physical uplink shared channel (PUSCH) repetition ([0122] “each time the terminal device reports indication information, the network device is triggered to determine to disable or enable the HARQ function of the at least one HARQ process of the terminal device” [0165] “When the HARQ function of the at least one HARQ process is disabled, data scheduling reliability can be improved.” Note: Li teaches HARQ is performed for PUSCH, e.g., see [0048])
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the at least one transmission repetition technique comprises disabling packet data convergence protocol (PDCP) duplication or physical uplink shared channel (PUSCH) repetition as taught by Xu in Li to improve data scheduling reliability.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Marupaduga et al. (US 9,019,820, “Marupaduga”).
Regarding claim 9, Li teaches claim 1 but fails to teach wherein the one or more conditions comprises the UE communicating voice-over NR traffic to a base station of the serving cell.
Marupaduga teaches wherein the one or more conditions comprises the UE communicating voice-over NR traffic to a base station of the serving cell (column 1, lines 32-40 “The process may be implemented for voice-related services in an LTE network and may be coordinated or managed by the eNodeB of the LTE network. The eNodeB may dynamically manage HARQ implementations automatically based on a variety of factors including, but not limited to, poor radio frequency (RF) signal, a user requesting voice-related services, a retransmission rate, and the like.” Column 5, line 65-column 6 line 10 “determining component 212 determining at least one of the user requesting voice-related services, the RF signal is weak, or the retransmission rate exceeds a predetermined threshold, the eNodeB 206 may automatically implement HARQ at each layer of the protocol stack utilizing, for example, the implementing component 213” )
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the one or more conditions comprises the UE communicating voice-over NR traffic to a base station of the serving cell as taught by Marupaduga in Li to improve data scheduling reliability.
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Vrzic et al. (US 2018/0367288, “Vrzic”).
Regarding claim 11, Li teaches claim 1 but fails to teach wherein the one or more conditions comprises a latency of an Xn communication interface exceeding a latency threshold.
Vrzic teaches wherein the one or more conditions comprises a latency of an Xn communication interface exceeding a latency threshold ([0109] “the latency on the Xn interface may exceed the latency requirements for the service. When the latency on the Xn interface exceeds the latency requirements, the core network can perform packet duplication during the make-before-break handover procedure, and forward duplicated DL packets directly to each of the source and target gNBs.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the one or more conditions comprises a latency of an Xn communication interface exceeding a latency threshold as taught by Vrzic in Li to satisfy high reliability requirements.
14. The UE of claim 1, wherein the one or more conditions comprises a strength and quality of a signal from a master cell group (MCG) and a strength and quality of a signal from a secondary cell group (SCG).
Regarding claim 14, Li teaches claim 1 but fails to teach wherein the one or more conditions comprises a strength and quality of a signal from a master cell group (MCG) and a strength and quality of a signal from a secondary cell group (SCG).
Vrzic teaches wherein the one or more conditions comprises a strength and quality of a signal from a master cell group (MCG) and a strength and quality of a signal from a secondary cell group (SCG) ([0212] “Based on DL measurements of the MN and SN, the UE 102 can determine if PD is necessary or if the best link is the MN or SN” [0117] “In CA architecture, MN and SN refer to Master Cell Group (MCG) and Secondary Cell Group (SCG), respectively.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the one or more conditions comprises a strength and quality of a signal from a master cell group (MCG) and a strength and quality of a signal from a secondary cell group (SCG) as taught by Vrzic in Li to satisfy high reliability requirements.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Hande et al. (US 2022/0312429, “Hande”).
Regarding claim 12, Li teaches claim 1 but fails to teach wherein the one or more conditions comprises a low latency associated with only a primary cell (PCell) of the UE.
Hande teaches wherein the one or more conditions comprises a low latency associated with only a primary cell (PCell) of the UE ([048] “A base station in an XR system may schedule the low-latency communications for the UE over a primary cell (PCell) and one or more secondary cells (SCells)” [0094] “The UEs 115 and the base stations 105 may support retransmissions of data to increase the likelihood that data is received successfully. Hybrid automatic repeat request (HARQ) feedback is one technique for increasing the likelihood that data is received correctly over a communication link 125”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the one or more conditions comprises a low latency associated with only a primary cell (PCell) of the UE as taught by Hande in Li to increase the likelihood that data is received successfully.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Jung et al. (US 2020/0351214, “Jung”).
Regarding claim 13, Li teaches claim 1 but fails to teach wherein the one or more conditions comprises an exponentially weighted moving average (EWMA) associated with at least one measurement of at least one neighboring cell.
Jung teaches wherein the one or more conditions comprises an exponentially weighted moving average (EWMA) associated with at least one measurement of at least one neighboring cell ([0135] “the UE may perform a measurement based on the measurement configuration. For example, the UE may measure the serving cell and/or the neighbor cell(s) on the measurement frequency specified by the measurement configuration, to obtain a measurement result for the serving cell and/or the neighbor cell(s).” [0212] “the wireless device may obtain a reordering measurement. The reordering measurement may comprise measurements to derive reordering statistics. For example, the wireless device may measure a reordering delay related to a PDCP reordering (i.e., a reordering of PDCP PDU/SDUs) based on a reordering timer. The RD may be an exponential weighted moving average of an instantaneous reordering delay”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the one or more conditions comprises an exponentially weighted moving average (EWMA) associated with at least one measurement of at least one neighboring cell as taught by Jung in Li to support ultra-reliable and low latency communications.
Conclusion
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/QUOC THAI N VU/ Primary Examiner, Art Unit 2642