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 .
Status of the Claims
Based on the current set of claims (Claims, 26 November 2025), Claims 1-20 are pending.
Based on the current set of claims (Claims, 26 November 2025), Claims 1-20 are amended.
Response to Arguments
Applicant’s arguments regarding the objection of Claim 14 have been fully considered and are persuasive. The objection of Claim 14 has been withdrawn.
Applicant’s arguments regarding the objection of Claim 17 have been fully considered and are persuasive. The objection of Claim 17 has been withdrawn.
Applicant’s arguments regarding the rejection of Claims 5-7, 9-10, 15, 16, and 17-20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, have been fully considered and are persuasive. The rejection of Claims 5-7, 9-10, 15, 16, and 17-20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn.
Applicant's arguments regarding the rejection of Claim 1, Claim 11, and Claim 17 have been fully considered but they are not persuasive.
Applicant argues that Khoshnevisan fails to disclose “identifying a physical uplink shared channel (PUSCH) transmission of more than 4 layers to be transmitted” because “one having ordinary skill in the art would understand that Khoshnevisan describes a maximum of 4 layers for the SDM scheme” (Remarks, Pgs. 8-9, The Rejections Under 35 USC §102).
Examiner respectfully disagrees.
Here, Applicant relies on a recitation from Khoshnevisan that states “[p]otential rank combinations for the PUSCH may include rank combinations 1+1, 1+2, 2+1, and 2+2” (Khoshnevisan, ¶90). However, the recitation uses the verb, “may”, which is broadly interpreted to mean an expression of a possibility. The term, “may”, is not interpreted as a closed list of possibilities.
Examiner maintains the current ground of rejection.
Claim Rejections - 35 USC § 102
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 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 1-3, 5, and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Khoshnevisan et al. (US 20240396684 A1; hereinafter referred to as “Khoshnevisan”).
Regarding Claim 1, Khoshnevisan discloses a method comprising:
identifying a physical uplink shared channel (PUSCH) transmission of more than four layers to be transmitted (¶62, Khoshnevisan discloses identifying a Physical Uplink Shared Channel (PUSCH) having one or more layers to be transmitted. ¶79-80 & ¶90 & ¶94, Khoshnevisan discloses that the SDM PUSCH having any number of layers);
identifying a set of antenna ports to be utilized for transmission of the PUSCH transmission (¶96 & Fig. 10 (1002), Khoshnevisan discloses identifying, by the UE, a number of demodulation reference signal (DMRS) ports and a number of code division multiplexing (CDM) groups without data to be used for a spatial division multiplexing (SDM) Physical Uplink Shared Channel (PUSCH) transmission. ¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of front-loaded symbols or that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of code division multiplexing (CDM) groups without data), the set of antenna ports including more than four antenna ports (¶71 & ¶74 & Fig. 6 (680), Khoshnevisan discloses that the number of DMRS ports is four. One having ordinary skill in the art prior to the effective filing date of the claimed invention would have known that each DMRS port is associated with one or more antenna ports, thus the number of antenna ports, when there are four or more DMRS ports, may be greater than four); and
transmitting the PUSCH transmission utilizing the set of antenna ports (¶96 & Fig. 10 (1002), Khoshnevisan discloses transmitting, by the UE, the SMD PUSCH transmission based on the received indication of the plurality of DMRS ports).
Regarding Claim 2, Khoshnevisan discloses the method of claim 1.
Khoshnevisan further discloses the set of antenna ports are determined based at least in part on a number of front-load symbols associated with a user equipment (UE) (¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of front-loaded symbols).
Regarding Claim 3, Khoshnevisan discloses the method of claim 1.
Khoshnevisan further discloses the set of antenna ports are determined based at least in part on a number of demodulation reference signal (DMRS) code division multiplexing (CDM) groups without data associated with a user equipment (UE) (¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of code division multiplexing (CDM) groups without data).
Regarding Claim 5, Khoshnevisan discloses the method of claim 1.
Khoshnevisan further discloses [the method] further comprising:
receiving a second transmission from a base station that indicates at least one antenna port available for transmission of the PUSCH transmission (¶96 & Fig. 10 (1002), Khoshnevisan discloses receiving, by the UE, an indication of a plurality of DMRS ports for an SDM PUSCH transmission and a number of DMRS CDM groups without data), wherein identifying the set of antenna ports includes identifying the set of antenna ports based at least in part on the at least one antenna port indicated in the second transmission (¶96 & Fig. 10 (1002), Khoshnevisan discloses determining, by the UE, a number of demodulation reference signal (DMRS) ports to be used for a spatial division multiplexing (SDM) Physical Uplink Shared Channel (PUSCH) transmission indicated in the indication).
Regarding Claim 17, Khoshnevisan discloses a method, comprising:
in preparation of receiving a physical uplink shared channel (PUSCH) transmission with a number of layers from a user equipment (UE), the number of layers being greater than four (¶62, Khoshnevisan discloses identifying a Physical Uplink Shared Channel (PUSCH) having one or more layers to be transmitted. ¶79-80 & ¶90 & ¶94, Khoshnevisan discloses that the SDM PUSCH having any number of layers);
identifying, based at least in part on the number of layers, a plurality of antenna ports available for the PUSCH transmission (¶96 & Fig. 10 (1002), Khoshnevisan discloses identifying, by the UE, a number of demodulation reference signal (DMRS) ports to be used for a spatial division multiplexing (SDM) Physical Uplink Shared Channel (PUSCH) transmission); and
generating, for transmission to the UE, a second transmission that indicates the plurality of antenna ports (¶96 & Fig. 10 (1002), Khoshnevisan discloses generating, for transmission to the UE, an indication of the plurality of DMRS ports for a spatial division multiplexing (SDM) PUSCH transmission).
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.
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 4 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Wei et al. (US 20170164226 A1; hereinafter referred to as “Wei”).
Regarding Claim 4, Khoshnevisan discloses the method of claim 1.
However, Khoshnevisan does not disclose the method is performed by a first user equipment (UE), wherein the set of antenna ports is a first set of antenna ports, wherein a second UE is configured to utilize a second set of antenna ports for transmission, and wherein the first set of antenna ports and the second set of antenna ports include different antenna ports.
Wei, a prior art reference in the same field of endeavor, teaches the method is performed by a first user equipment (UE) (¶61, Wei discloses a first user equipment (UE)), wherein the set of antenna ports is a first set of antenna ports (¶61, Wei discloses a first set of antenna ports configured for use by the first UE), wherein a second UE is configured to utilize a second set of antenna ports for transmission (¶61, Wei discloses a second UE is configured to use a second set of antenna ports for transmission of periodic channel state information (CSI) reporting), and wherein the first set of antenna ports and the second set of antenna ports include different antenna ports (¶61, Wei discloses that antenna ports 0-15 corresponding to the first set of antenna ports and antenna ports 16-31 corresponding to the second set of antenna ports are different antenna ports).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the method is performed by a first user equipment (UE) and that the set of antenna ports is a first set of antenna ports, requiring that a second UE is configured to utilize a second set of antenna ports for transmission, and requiring that the first set of antenna ports and the second set of antenna ports include different antenna ports as taught by Wei because configuring multiple-input multiple-output (MIMO) channel state information (CSI) feedback for periodic and aperiodic reporting with different parameters reduces feedback overhead for CSI reporting (Wei, ¶6-8 & ¶26).
Regarding Claim 20, Khoshnevisan discloses he method of claim 17.
However, Khoshnevisan does not disclose the UE is a first UE, wherein the method further comprises: identifying one or more antenna ports to be utilized by a second UE, wherein the plurality of antenna ports is identified based at least in part on the one or more antenna ports to be utilized by the second UE.
Wei, a prior art reference in the same field of endeavor, teaches the UE is a first UE, wherein the method further comprises:
identifying one or more antenna ports to be utilized by a second UE (¶61, Wei discloses a second UE is configured to use a second set of antenna ports for transmission of periodic channel state information (CSI) reporting), wherein the plurality of antenna ports is identified based at least in part on the one or more antenna ports to be utilized by the second UE (¶61, Wei discloses that antenna ports 0-15 corresponding to the first set of antenna ports and antenna ports 16-31 corresponding to the second set of antenna ports are different antenna ports).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the UE is a first UE, wherein the method further comprises: identifying one or more antenna ports to be utilized by a second UE, wherein the plurality of antenna ports is identified based at least in part on the one or more antenna ports to be utilized by the second UE as taught by Wei because configuring multiple-input multiple-output (MIMO) channel state information (CSI) feedback for periodic and aperiodic reporting with different parameters reduces feedback overhead for CSI reporting (Wei, ¶6-8 & ¶26).
Claims 6, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Lui et al. (US 20250203629 A1; hereinafter referred to as “Lui”).
Regarding Claim 6, Khoshnevisan discloses the method of claim 5.
However, Khoshnevisan does not disclose the second transmission indicates a number of antenna ports available equal to a number of layers for the PUSCH transmission.
Lui, a prior art reference in the same field of endeavor, teaches the second transmission indicates a number of antenna ports available equal to a number of layers for the PUSCH transmission (¶67, Liu discloses that the downlink control information (DCI) message indicates a number of antenna ports available where each antenna port of the number of antenna ports corresponds to a layer of the PUSCH).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the second transmission indicates a number of antenna ports available equal to a number of layers for the PUSCH transmission as taught by Liu because uplink transmission is improved by enabling dynamic switching between single-TRP and multi-TRP based PUSCH schemes (Liu, ¶1 & ¶4-7).
Regarding Claim 7, Khoshnevisan discloses the method of claim 5.
However, Khoshnevisan does not disclose the PUSCH transmission is transmitted with a number of layers, and wherein the second transmission from the base station indicates a number of antenna ports equal to the number of layers.
Lui, a prior art reference in the same field of endeavor, teaches the PUSCH transmission is transmitted with a number of layers (¶67, Liu discloses that the PUSCH is transmitted with a number of layers), and wherein the second transmission from the base station indicates a number of antenna ports equal to the number of layers (¶67, Liu discloses that the downlink control information (DCI) message indicates a number of antenna ports available where each antenna port of the number of antenna ports corresponds to a layer of the PUSCH).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the PUSCH transmission is transmitted with a number of layers where the second transmission from the base station indicates a number of antenna ports equal to the number of layers as taught by Liu because uplink transmission is improved by enabling dynamic switching between single-TRP and multi-TRP based PUSCH schemes (Liu, ¶1 & ¶4-7).
Regarding Claim 10, Khoshnevisan discloses the method of claim 5.
However, Khoshnevisan does not disclose the second transmission from the base station comprises a downlink control information (DCI) transmission.
Lui, a prior art reference in the same field of endeavor, teaches the second transmission from the base station comprises a downlink control information (DCI) transmission (¶67, Liu discloses that the downlink transmission is a downlink control information (DCI) message).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the second transmission from the base station comprises a downlink control information (DCI) transmission as taught by Liu because uplink transmission is improved by enabling dynamic switching between single-TRP and multi-TRP based PUSCH schemes (Liu, ¶1 & ¶4-7).
Claims 8 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Chai et al. (US 20210378031 A1; hereinafter referred to as “Chai”).
Regarding Claim 8, Khoshnevisan discloses the method of claim 5.
However, Khoshnevisan does not disclose the at least one antenna port are based at least in part on a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with a user equipment (UE).
Chai, a prior art reference in the same field of endeavor, teaches the at least one antenna port are based at least in part on a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with a user equipment (UE) (¶282, Chai discloses determining a DMRS port based on DMRS configuration type, additional DMRS position, and a quantity of time domain symbols occupied by the DMRS).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the at least one antenna port are based at least in part on a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with the UE as taught by Chai because reduce signaling overheads and improve resource utilization (Chai, ¶8).
Regarding Claim 18, Khoshnevisan discloses the method of claim 17.
However, Khoshnevisan does not disclose [the method], further comprising: identifying a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with the UE, wherein the plurality of antenna ports is determined based at least in part on the DMRS configuration type and the number of symbols per DMRS location associated with the UE.
Chai, a prior art reference in the same field of endeavor, teaches [the method], further comprising:
identifying a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with the UE (¶282, Chai discloses determining a demodulation reference signal (DMRS) configuration type, additional DMRS position, and a quantity of time domain symbols occupied by the DMRS), wherein the plurality of antenna ports is determined based at least in part on the DMRS configuration type and the number of symbols per DMRS location associated with the UE (¶282, Chai discloses determining a DMRS port based on DMRS configuration type, additional DMRS position, and a quantity of time domain symbols occupied by the DMRS).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that [the method], further comprising: identifying a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with the UE, wherein the plurality of antenna ports is determined based at least in part on the DMRS configuration type and the number of symbols per DMRS location associated with the UE as taught by Chai because reduce signaling overheads and improve resource utilization (Chai, ¶8).
Regarding Claim 19, Khoshnevisan in view of Chai discloses the method of claim 18.
Khoshnevisan further discloses [the method] further comprising:
identifying a number of front-load symbols associated with the UE (¶87 & Fig. 6, Khoshnevisan discloses determining a number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of front-loaded symbols) or a number of DMRS code division multiplexing (CDM) groups without data associated with the UE (¶87 & Fig. 6, Khoshnevisan discloses determining a number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of code division multiplexing (CDM) groups without data), wherein the plurality of antenna ports is determined based at least in part on the number of front-load symbols associated with the UE (¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of front-loaded symbols) or the number of DMRS CDM groups without data associated with the UE (¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of code division multiplexing (CDM) groups without data).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Gao et al. (US 20240357584 A1; hereinafter referred to as “Gao”).
Regarding Claim 9, Khoshnevisan discloses the method of claim 5.
However, Khoshnevisan does not disclose the second transmission includes a first field that indicates an availability of a first group of antenna ports and a second field that indicates an availability of a second group of the antenna ports.
Gao, a prior art reference in the same field of endeavor, teaches the second transmission includes a first field that indicates an availability of a first group of antenna ports (¶88-92 & Fig. 3, Gao discloses that a downlink control information (DCI) message includes a first field where the first field indicates a first number of ports for the DMRS. Gao further discloses that the DCI includes a fourth field, an antenna ports field, that indicates the total number of antenna ports) and a second field that indicates an availability of a second group of the antenna ports (¶88-92 & Fig. 3, Gao discloses that the DCI message also includes a second field where the second field indicates a second number of ports for the DMRS).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by requiring that the second transmission includes a first field that indicates an availability of a first group of antenna ports and a second field that indicates an availability of a second group of the antenna ports as taught by Gao because PUSCH transmission is improved by enabling the device to determine the total number of layers for the PUSCH based on the first number and a second number in the DCI (Gao, Abstract).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Lee et al. (US 20180227938 A1; hereinafter referred to as “Lee”).
Regarding Claim 11, Khoshnevisan discloses an apparatus, comprising:
interface circuitry coupled to the processing circuitry (¶52 & Fig. 3, Khoshnevisan discloses the UE further comprises antennas coupled to a controller/processor 359),
processing circuitry, (¶52 & Fig. 3, Khoshnevisan discloses the UE further comprises a controller/processor 359) to:
a PUSCH transmission corresponding to the PUSCH transmission request having a number of layers more than four (¶62, Khoshnevisan discloses identifying a Physical Uplink Shared Channel (PUSCH) having one or more layers to be transmitted. ¶80 & ¶90 & ¶94, Khoshnevisan discloses that the SDM PUSCH having any number of layers);
receive a transmission from the base station that indicates a plurality of antenna ports available for the PUSCH transmission (¶96 & Fig. 10 (1002), Khoshnevisan discloses determining, by the UE, a number of demodulation reference signal (DMRS) ports to be used for a spatial division multiplexing (SDM) Physical Uplink Shared Channel (PUSCH) transmission), the plurality of antenna ports including a number of antenna ports equal to or greater than the number of layers (¶71 & ¶74 & Fig. 6 (680), Khoshnevisan discloses that the number of DMRS ports is four. One having ordinary skill in the art prior to the effective filing date of the claimed invention would have known that each DMRS port is associated with one or more antenna ports, thus the number of antenna ports, when there are four or more DMRS ports, may be greater than four); and
transmit the PUSCH transmission to the base station via the plurality of antenna ports (¶96 & Fig. 10 (1002), Khoshnevisan discloses transmitting, by the UE, the SMD PUSCH transmission based on the received indication of the plurality of DMRS ports).
However, Khoshnevisan does not disclose the interface circuitry to transmit a physical uplink shared channel (PUSCH) transmission request to a base station.
Lee, a prior art reference in the same field of endeavor, teaches transmit a physical uplink shared channel (PUSCH) transmission request to a base station (¶250-252 & Fig. 18a, Lee discloses transmitting, by the UE, a scheduling request (SR) to request transmitting of a Physical Uplink Shared Channel (PUSCH) transmission to the BS).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan by transmitting a physical uplink shared channel (PUSCH) transmission request to a base station as taught by Lee because wireless communication systems are improved by minimizing latency by enabling a contention-based radio resource region for uplink transmission (Lee, ¶4-5).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Lee in further view of Chai et al. (US 20210378031 A1; hereinafter referred to as “Chai”).
Regarding Claim 12, Khoshnevisan in view of Lee discloses the apparatus of claim 11.
However, Khoshnevisan in view of Lee does not disclose the plurality of antenna ports is selected based at least in part on a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with the UE.
Chai, a prior art reference in the same field of endeavor, teaches the plurality of antenna ports is selected based at least in part on a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with a user equipment (UE) (¶282, Chai discloses determining a DMRS port based on DMRS configuration type, additional DMRS position, and a quantity of time domain symbols occupied by the DMRS).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan in view of Lee by requiring that the plurality of antenna ports is selected based at least in part on a demodulation reference signal (DMRS) configuration type and a number of symbols per DMRS location associated with a user equipment (UE) as taught by Chai because reduce signaling overheads and improve resource utilization (Chai, ¶8).
Regarding Claim 13, Khoshnevisan in view of Lee in further view of Chai discloses the apparatus of claim 12.
Khoshnevisan further discloses the plurality of antenna ports is selected based at least in part on a number of front-load symbols associated with the UE (¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of front-loaded symbols).
Regarding Claim 14, Khoshnevisan in view of Lee in further view of Chai discloses the apparatus of claim 12.
Khoshnevisan further discloses plurality of antenna ports is selected based at least in part on a number of DMRS code division multiplexing (CDM) groups without data associated with the UE (¶87 & Fig. 6, Khoshnevisan discloses that the number of antenna ports is determined based upon a mapping/table relating the number of antenna ports to the number of code division multiplexing (CDM) groups without data).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan in view of Lee in further view of Gao et al. (US 20240357584 A1; hereinafter referred to as “Gao”).
Regarding Claim 15, Khoshnevisan in view of Lee discloses the apparatus of claim 11.
However, Khoshnevisan in view of Lee does not disclose the second transmission includes a first field that indicates an availability of a first group of antenna ports and a second field that indicates an availability of a second group of the antenna ports, wherein the plurality of antenna ports available is indicated based at least in part on the first field and the second field.
Gao, a prior art reference in the same field of endeavor, teaches the transmission includes a first field that indicates an availability of a first group of antenna ports (¶88-92 & Fig. 3, Gao discloses that a downlink control information (DCI) message includes a first field where the first field indicates a first number of ports for the DMRS. Gao further discloses that the DCI includes a fourth field, an antenna ports field, that indicates the total number of antenna ports) and a second field that indicates an availability of a second group of the antenna ports (¶88-92 & Fig. 3, Gao discloses that the DCI message also includes a second field where the second field indicates a second number of ports for the DMRS), wherein the plurality of antenna ports available is indicated based at least in part on the first field and the second field (¶88-92 & Fig. 3, Gao discloses a first number of ports for the DMRS and a second number of ports for the DMRS based on the first field and the second field).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan in view of Lee by requiring that the second transmission includes a first field that indicates an availability of a first group of antenna ports and a second field that indicates an availability of a second group of the antenna ports, wherein the plurality of antenna ports available is indicated based at least in part on the first field and the second field as taught by Gao because PUSCH transmission is improved by enabling the device to determine the total number of layers for the PUSCH based on the first number and a second number in the DCI (Gao, Abstract).
Regarding Claim 16, Khoshnevisan in view of Lee discloses the apparatus of claim 11.
However, Khoshnevisan in view of Lee the one or more processors are further to: receive a radio resource control (RRC) configuration message from the base station including a table that indicates the plurality of antenna ports, wherein the second transmission from the base station indicates the table.
Gao, a prior art reference in the same field of endeavor, teaches the one or more processors are further to:
receive a radio resource control (RRC) configuration message from the base station including a table that indicates the plurality of antenna ports (¶80 & ¶113-114, Gao discloses that radio resource control (RRC) signaling from the BS may indicate an antenna ports indication table), wherein the second transmission from the base station indicates the table (¶80 & ¶113-114, Gao discloses that radio resource control (RRC) signaling from the BS may indicate a field of bits which further indicates an antenna ports indication table).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khoshnevisan in view of Lee by requiring that the one or more processors are further to: receive a radio resource control (RRC) configuration message from the base station including a table that indicates the plurality of antenna ports, wherein the second transmission from the base station indicates the table as taught by Gao because PUSCH transmission is improved by enabling the device to determine the total number of layers for the PUSCH based on the first number and a second number in the DCI (Gao, Abstract).
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC NOWLIN whose telephone number is (313)446-6544. The examiner can normally be reached M-F 12:00PM-10:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC NOWLIN/Examiner, Art Unit 2474