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 .
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.
Claims 1-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a mathematical formula/steps. This judicial exception is not integrated into a practical application because described improvement to the computer system is speculative. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely apply the abstract idea.
Regarding claims 1-30, see claims 1, 9, 17, and 24, the claimed invention is not directed to patent eligible subject matter. Based upon consideration of all of the relevant factors with respect to the claim as a whole, claim(s) 1-30 are determined to be directed to an abstract idea. The rationale for this determination is explained as followed. The claim is directed to an abstract idea, which is excluded from eligibility based on a concern that monopolization of basic tools of scientific and technological work might impede innovation more than it would promote it. The invention is directed towards the abstract idea of mathematical relationships/formulas. The claims are directed towards a process, machine, and article of manufacture. The claims are directed to an abstract idea and the recited additional elements do not integrate the judicial exception into a practical application, because the specification does not disclose a concrete improvement in technology. The claim considered as a whole does not qualify because limitations do not amount to "significantly more" than the use of the abstract idea itself. The invention is directed towards the abstract idea of mathematical relationships/formulas related to determining N opportunities. In this particular case, the claims determining N opportunities (abstract idea/mathematical equation) . . . and sending data within two or more of the N opportunities (post solution activity) . . . . In this manner, the claim is directed towards the mathematical relationship of determining a value of N opportunities.
The claims do not recite limitations directed to improvements to another technology or technical field; improvements to the functioning of the computer itself; or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. There are no meaningful limitations in the claim that transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself rendering the claim non-statutory subject matter. The claims are directed towards determining a value N and transmitting data. The claim does not recite an improvement to the computer system itself because the manner in which the N opportunities is utilized to improve the computer system is not recited within the claim. The claim does not recite the improvement to the system because, under a broadest reasonable interpretation, the meaning and purpose of the score does not affect the system. In this manner, the claim is directed towards the abstract idea of mathematical formula for scoring a hierarchy of servers and merely applies that function; therefore, the claim does not recite a practical application.
The claim limitations both individually and as a whole do not amount to significantly more than the abstract idea itself. Like Enfish, the claims are drawn to an abstract idea, however, unlike Enfish the abstract idea does not encompass an improvement to the computer system itself. The specification fails to provide details regarding the manner in which the invention of determining N opportunities accomplishes the alleged improvement, like Affinity Labs. Unlike Enfish, the claimed speculative improvement does not represent a concrete improvement, but merely an instant in which an improvement may or may not be realized. The step to administer the mathematical formula/steps is not particular, and is instead merely instructions to apply the exception in a generic way, i.e. the recited transmission step. Thus, the administration step does not integrate the exception into a practical application.
The claim limitations do not integrate the judicial exception by implementing the judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, because the claim is directed towards a generic computer. The claim does not integrate the judicial exception by effecting a transformation or reduction of a particular article to a different state or thing, because no such transformation is present. The limitations considered individually and as a whole do not recite additional elements that integrate the judicial exception into a practical application nor do the claims amount to significantly more than the abstract idea itself, because the claims merely recite adding insignificant extra-solution activity to the judicial exception; apply it; and generally link the use of the judicial exception to a particular technological environment. Therefore, the claim is directed towards non-statutory subject matter.
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.
Claim(s) 1-6, 8-14, 16-22, and 24-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie et al. (US 2019/0191416 A1), hereinafter referred to as D1.
Regarding claims 1, 9, 17, and 24, D1 discloses a method, system, and apparatus for receiving information between a base station and a terminal, which comprises:
determining N opportunities, wherein the N opportunities are within a first time range, and N is a positive integer greater than or equal to 2 (Referring to Figures 1 and 2, n step S102, semi-persistent scheduling information for indicating N transmission opportunities in a semi-persistent scheduling period is configured. The N transmission opportunities include M transmission opportunities for transmitting data by a sending end. N is an integer greater than 1, thereby comprising values greater than 2, M is an integer, and 0<M≤N. See paragraph 0102.); and
sending data within two or more of the N opportunities (Referring to Figures 1 and 19, periodically send downlink data information in the transmission opportunities. See paragraphs 0104.)
Regarding claims 2, 10, 18, and 25, D1 discloses receiving first information indicating a length of the first time range (Referring to Figures 1-3, the semi-persistent scheduling information may include one of: a starting position of the transmission opportunity window; the starting position of the transmission opportunity window and a length of the transmission opportunity window; the starting position of the transmission opportunity window, the length of the transmission opportunity window and a transmission opportunity interval; the starting position of the transmission opportunity window, the length of the transmission opportunity window and the number of transmission opportunities; the starting position of the transmission opportunity window, the transmission opportunity interval and the number of transmission opportunities; the starting position of the transmission opportunity window, a transmission opportunity starting position in the transmission opportunity window and the length of the transmission opportunity window; the starting position of the transmission opportunity window, the transmission opportunity starting position in the transmission opportunity window, the length of the transmission opportunity window and the transmission opportunity interval; the starting position of the transmission opportunity window, the transmission opportunity starting position in the transmission opportunity window, the length of the transmission opportunity window and the number of transmission opportunities; and the starting position of the transmission opportunity window, the transmission opportunity starting position in the transmission opportunity window, the transmission opportunity interval and the number of transmission opportunities. That is, the above information may be used for indicating the distribution of the transmission opportunities in a semi-persistent scheduling period. See paragraph 0111-0112.)
Regarding claims 3, 11, 19, and 26, D1 discloses wherein the N opportunities within the first time range includes an unused opportunity in addition to the two or more of the N opportunities for data transmission (Referring to Figures 1-3, the N transmission opportunities may include: a redundant transmission opportunity. The redundant transmission opportunity may be the remaining transmission opportunities among the N transmission opportunities other than the M transmission opportunities. That is, the N transmission opportunities may include transmission opportunities not for transmitting data. For example, if one semi-persistent scheduling period includes three transmission opportunities, one of the three transmission opportunities is used for the terminal to transmit data, and the other two transmission opportunities are not used for the terminal to transmit data; or two of the three transmission opportunities are used for the terminal to transmit data, and the remaining one transmission opportunity is not used for transmitting data, but the present disclosure is not limited thereto. See paragraphs 0106-0107.)
Regarding claims 4, 12, 20, and 27, D1 discloses wherein an interval between any two adjacent opportunities in the N opportunities is T1 time units, where T1 is 0 or a positive number (Referring to Figures 1-3, the N transmission opportunities may include: a redundant transmission opportunity. The redundant transmission opportunity may be the remaining transmission opportunities among the N transmission opportunities other than the M transmission opportunities. That is, the N transmission opportunities may include transmission opportunities not for transmitting data. For example, if one semi-persistent scheduling period includes three transmission opportunities, one of the three transmission opportunities is used for the terminal to transmit data, and the other two transmission opportunities are not used for the terminal to transmit data; or two of the three transmission opportunities are used for the terminal to transmit data, and the remaining one transmission opportunity is not used for transmitting data, but the present disclosure is not limited thereto. See paragraphs 0106-0107. The transmission opportunities separated in time.)
Regarding claims 5, 13, 21, and 28, D1 discloses wherein each opportunity in the two or more of the N opportunities carries different transmission blocks (TBs) (Referring to Figures 1-3, the N transmission opportunities may include: a redundant transmission opportunity. The redundant transmission opportunity may be the remaining transmission opportunities among the N transmission opportunities other than the M transmission opportunities. That is, the N transmission opportunities may include transmission opportunities not for transmitting data (carries different transmission blocks). For example, if one semi-persistent scheduling period includes three transmission opportunities, one of the three transmission opportunities is used for the terminal to transmit data, and the other two transmission opportunities are not used for the terminal to transmit data; or two of the three transmission opportunities are used for the terminal to transmit data, and the remaining one transmission opportunity is not used for transmitting data, but the present disclosure is not limited thereto. See paragraphs 0106-0107. The transmission opportunities separated in time.)
Regarding claims 6, 14, 22, and 29, D1 discloses receiving second information indicating the N opportunities; and the determining N opportunities comprises determining the N opportunities based on the second information (Referring to Figures 1-3, the semi-persistent scheduling information may include one of: a starting position of the transmission opportunity window; the starting position of the transmission opportunity window and a length of the transmission opportunity window; the starting position of the transmission opportunity window, the length of the transmission opportunity window and a transmission opportunity interval; the starting position of the transmission opportunity window, the length of the transmission opportunity window and the number of transmission opportunities; the starting position of the transmission opportunity window, the transmission opportunity interval and the number of transmission opportunities; the starting position of the transmission opportunity window, a transmission opportunity starting position in the transmission opportunity window and the length of the transmission opportunity window; the starting position of the transmission opportunity window, the transmission opportunity starting position in the transmission opportunity window, the length of the transmission opportunity window and the transmission opportunity interval; the starting position of the transmission opportunity window, the transmission opportunity starting position in the transmission opportunity window, the length of the transmission opportunity window and the number of transmission opportunities; and the starting position of the transmission opportunity window, the transmission opportunity starting position in the transmission opportunity window, the transmission opportunity interval and the number of transmission opportunities. That is, the above information may be used for indicating the distribution of the transmission opportunities in a semi-persistent scheduling period. See paragraph 0111-0112.)
Regarding claim 8, D1 discloses wherein each opportunity in the two or more of the N opportunities is a configured grant (CG) opportunity (Referring to Figures 1-3, The network side activates the corresponding SPS configuration for the terminal according to a scheduling request from the terminal. The terminal may select one or more transmission opportunities from multiple configured transmission opportunities to send corresponding data information (interpreted as a configured grant opportunity). See paragraphs 0262-0264.)
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.
Claim(s) 7, 15, 23, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of Kang et al. (US 2025/0062789 A1), hereinafter referred to as D2.
Regarding claim 7, 15, 23, and 30, D1 does not disclose wherein: feedback information corresponding to two or more transmission blocks (TBs) transmitted within the two or more of the N opportunities is separately reported in different hybrid automatic retransmission request (HARQ) processes; or feedback information corresponding to two or more TBs transmitted within the two or more of the N opportunities is reported in the same HARQ process.
D2 teaches in the case where the PDSCH is configured to carry up to two TBs (2 or more transmission blocks), the HARQ-ACK response (feedback information) may be configured in two bits if spatial bundling is not configured and in one bit if spatial bundling is configured. See paragraphs 0103-0107.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the HARQ of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to enhance reliability and ensure data integrity of transmitted data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
He, Chuanfeng (US 2023/0345525 A1) - The method includes: determining, by a terminal device, a starting time moment of a contention resolution timer according to a time of Msg3 transmission repetitions.
Wu, Zuomin (US 2020/0322982 A1) - The network device can perform a downlink transmission within a second transmission burst in accordance with the first indication information. The first indication information is transmitted within the first transmission burst, where the first transmission burst and the second transmission burst are transmitted within the COT and channel(s) transmitted in the second transmission burst do not comprise a unicast physical downlink shared channel (PDSCH) and a duration of the second transmission burst is less than or equal to a preset duration.
Wu, Zuomin (US 2021/0385862 A1) - Determining a reference time unit on an unlicensed carrier; and determining a CWS on the unlicensed carrier according to the reference time unit. The implementations of the present disclosure can be used for determining or adjusting the CWS in a channel access scheme on the unlicensed carrier, to achieve friendly coexistence between systems on an unlicensed spectrum.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST.
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DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/Primary Examiner, Art Unit 2462