DETAILED ACTION
The amendment and remarks filed 12/19/2025 were received.
PRIOR ART
The following references are prior art:
1. Appl. No.: 17/630,009 (“Wei”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2022/0263608 A1, names another inventor (CHIA-HUNG WEI), and was effectively filed Jul. 27, 2020 before April 1, 2021 the effective filing date of the claimed invention.
2. Ericsson Blog on Enhanced 4G LTE coverage for Machine-Type Communications and Internet of Things (“Ericsson”) is prior art under 35 U.S.C. 102(a)(1) since it published Apr. 25, 2017 before April 1, 2021 the effective filing date of the claimed invention.
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 102 Conditions for patentability; novelty.
(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(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, 7-12, & 14-16, 19, AND 22-26
Claims 1-3, 7-12, and 14-16, 19, and 22-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wei for the reasons given below.
Claim 1
With respect to claim 1, Wei disclosed:
A method comprising: receiving, by a wireless communication device from a wireless communication node, at least one parameter and at least one threshold ([0007] According to an aspect of the present disclosure, a method performed by a User Equipment (UE) is provided. The method includes the UE receiving, from a Base Station (BS), Downlink (DL) Control Information (DCI) on a Physical Downlink Control Channel (PDCCH). [0034] FIG. 1 is a schematic diagram illustrating a resource location of a PDSCH and a resource of HARQ feedback transmission which are determined based on the parameters K0 and K1 indicated by a PDCCH, in accordance with an implementation of the present disclosure. [0092] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon whether the value(s) of the parameter(s), such as S, L, and/or K0 , for the PDSCH is larger ( or smaller) than a threshold. In some such implementations, the parameter S may be an index of the starting symbol of a scheduled Physical Downlink Shared Channel (PDSCH) in a slot, the parameter L may be the number of consecutive symbols of the PDSCH in the slot, the parameter K0 may indicate a slot offset between a slot (e.g., slot O of subframe n illustrated in FIG. 1) containing a PDCCH (e.g., PDCCH 102 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing a PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) that is indicated/scheduled by the DCI carried by the PDCCH (e.g., PDCCH 102 illustrated in FIG. 1)… In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s). [0177] FIG. 5 illustrates a flowchart for a method/process 500 for handling HARQ feedback transmissions, in accordance with an implementation of the present disclosure. [0178] In action 502, a UE may receive the DCI (e.g., for scheduling a PDSCH) that includes an indicator (e.g., the parameter K1) indicating a slot offset between a first slot containing a PDSCH and a second slot that the UE is indicated by the BS to transmit a HARQ feedback for the DL data of the PDSCH on a UL resource configured by the BS.);
the at least one parameter comprising at least one of a repetition number, a resource assignment, or a scheduling delay ([0091] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon whether the resource allocation (e.g., in the time domain) of a PDSCH is determined by a predefined resource allocation table(s). The predefined resource allocation table(s) may be configured by the RRC layer or may be predefined in the PHY layer of the UE. In some implementations, the predefined resource allocation table(s) may be provided for the DL scheduling to show that the UE is not required to transmit the corresponding HARQ feedback(s). [0092] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon whether the value(s) of the parameter(s), such as S, L, and/or K0 , for the PDSCH is larger ( or smaller) than a threshold. In some such implementations, the parameter S may be an index of the starting symbol of a scheduled Physical Downlink Shared Channel (PDSCH) in a slot, the parameter L may be the number of consecutive symbols of the PDSCH in the slot, the parameter K0 may indicate a slot offset between a slot (e.g., slot 0 of subframe n illustrated in FIG. 1) containing a PDCCH (e.g., PDCCH 102 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing a PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) that is indicated/scheduled by the DCI carried by the PDCCH (e.g., PDCCH 102 illustrated in FIG. 1)… In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s). [0136] In this case, whether a UE should transmit a HARQ feedback for a PDSCH reception dynamically scheduled by the BS or for an SPS reception may be dependent upon an RRC configuration. [0137] In some implementations, the RRC configuration may include the number of PDSCH repetitions. [0139] In some implementations, when the number of PDSCH repetitions exceeds (or below) a threshold, the UE may not perform the corresponding HARQ feedback transmission for the PDSCH repetition(s). The threshold may be a predefined value, for example, addressed in the 3GPP TS, or may be preconfigured, for example, by the BS via a DL RRC message. The Examiner finds that Wei disclosed the at least one parameter comprising at least one of a repetition number (i.e., the number of PDSCH repetitions), a resource assignment (i.e., the resource allocation tables), or a scheduling delay (i.e., the slot offset which delays the scheduled PDSCH with respect to slot 0)).
determining, by the wireless communication device, a transmission metric according to the at least one parameter and determining, by the wireless communication device, whether to disable feedback in at least one hybrid automatic repeat request (HARQ) process according to a comparison of the transmission metric and the at least one threshold, wherein determining whether to disable the feedback comprises: determining, by the wireless communication device, to enable feedback in a first HARO process of the at least one HARO process, responsive to the transmission metric being greater than or equal to a first threshold of the at least one threshold; and determining, by the wireless communication device, to disable the feedback in the first HARO process, responsive to the transmission metric being less than or equal to the first threshold; or determining, by the wireless communication device, to disable feedback in a first HARO process of the at least one HARO process, responsive to the transmission metric being greater than or equal to, a first threshold of the at least one threshold, and determining, by the wireless communication device, to enable the feedback in the first HARO process, responsive to the transmission metric being less than or equal to the first threshold ([0007] The method further includes the UE determining whether to transmit a HARQ feedback for the DL data according to the DCI. ([0082] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon whether the resource allocation ( e.g., in the time domain) of a PDSCH is determined by an RRC configuration or by a predefined resource allocation table(s) from the PHY layer (e.g., as defined in the 3GPP TS 38.214). In this implementation, the RRC configuration or the predefined resource allocation table(s) may be considered as an implicit indicator that indicates to the UE whether to perform the HARQ feedback transmission. [0092] In some implementations, whether a VE performs the HARQ feedback transmission may be dependent upon whether the value(s) of the parameter(s), such as S, L, and/or K0 , for the PDSCH is larger ( or smaller) than a threshold. In some such implementations, the parameter S may be an index of the starting symbol of a scheduled Physical Downlink Shared Channel (PDSCH) in a slot, the parameter L may be the number of consecutive symbols of the PDSCH in the slot, the parameter K0 may indicate a slot offset between a slot (e.g., slot O of subframe n illustrated in FIG. 1) containing a PDCCH (e.g., PDCCH 102 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing a PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) that is indicated/scheduled by the DCI carried by the PDCCH (e.g., PDCCH 102 illustrated in FIG. 1), and the parameter K1 may indicate a slot offset between a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing the PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n+l illustrated in FIG. 1) that the UE is indicated to perform the HARQ feedback transmission. Thus, in some implementations, the parameter(s ), such as S, L, and/or K0 may be considered as an implicit indicator that indicates to the UE whether to perform the HARQ feedback transmission. In some implementations, the threshold may be predefined for the VE or may depend on the UE's implementation. In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s). [0138] In some implementations, the RRC configuration may include a PDSCH aggregation factor ( e.g., an IE denoted as pdsch-AggregationFactor) for the PDSCH. [0139] In some implementations, when the number of PDSCH repetitions exceeds (or below) a threshold, the UE may not perform the corresponding HARQ feedback transmission for the PDSCH repetition(s). The threshold may be a predefined value, for example, addressed in the 3GPP TS, or may be preconfigured, for example, by the BS via a DL RRC message. [0179] After receiving the DCI, the UE may determine whether to transmit a HARQ feedback for the DL data of the PDSCH according to the slot offset indicated by the DCI. For example, the UE may transmit a HARQ feedback for the DL data when (or only when) the slot offset is set to an applicable value of slot offset ( e.g., an applicable K1 value). [0180] As illustrated in FIG. 5, in action 504, the UE may determine whether the slot offset (e.g., a K1 value) is set to a specific value, or is larger than ( or equal to) a threshold. [0182] In action 506, when the UE determines that the slot offset ( e.g., a K1 value) is set to the specific value, or is larger than ( or equal to) the threshold, the UE may transmit a HARQ feedback for the DL data of the PDSCH. [0183] In action 508, when the UE determines that the slot offset (e.g., a K1 value) is not set to the specific value, or is larger than ( or equal to) the threshold, the UE may forgo transmitting a HARQ feedback for the DL data of the PDSCH. For example, the UE may be disabled for transmitting the HARQ feedback. [0183] In action 508, when the UE determines that the slot offset (e.g., a K1 value) is not set to the specific value, or is larger than ( or equal to) the threshold, the UE may forgo transmitting a HARQ feedback for the DL data of the PDSCH. For example, the UE may be disabled for transmitting the HARQ feedback.).
In addition, the Examiner notes that the use of the term “or” in the claims means that certain limitations are not required because they are “contingent limitations.” See MPEP 2111.04(II).
Claim 2
With respect to claim 2, Wei disclosed:
The method of claim 1 (see rejection above),
comprising: receiving, by the wireless communication device from the wireless communication node, the at least one parameter via a downlink control information (DCI) transmission ([0035] The values of the K0 and K1 parameters may be indicated to the UE via DCI. [0178] In action 502, a UE may receive the DCI (e.g., for scheduling a PDSCH) that includes an indicator (e.g., the parameter K1) indicating a slot offset between a first slot containing a PDSCH and a second slot that the UE is indicated by the BS to transmit a HARQ feedback for the DL data of the PDSCH on a UL resource configured by the BS. [0180] As illustrated in FIG. 5, in action 504, the UE may determine whether the slot offset (e.g., a K1 value) is set to a specific value, or is larger than ( or equal to) a threshold.).
Claim 3
With respect to claim 3, Wei disclosed:
The method of claim 1 (see rejection above),
comprising: receiving, by the wireless communication device from the wireless communication node, the at least one threshold via a radio resource control (RRC) or system information block (SIB) signaling ([0092] In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s).).
Claim 7
With respect to claim 7, Wei disclosed:
The method of claim 1 (see rejection above),
wherein the transmission metric is: indicated by a value of the repetition number, the resource assignment, or the scheduling delay, or calculated using respective values of at least two of: the repetition number, the resource assignment, and the scheduling delay ([0082] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon whether the resource allocation ( e.g., in the time domain) of a PDSCH is determined by an RRC configuration or by a predefined resource allocation table(s) from the PHY layer (e.g., as defined in the 3GPP TS 38.214). In this implementation, the RRC configuration or the predefined resource allocation table(s) may be considered as an implicit indicator that indicates to the UE whether to perform the HARQ feedback transmission. [0092] In some implementations, whether a VE performs the HARQ feedback transmission may be dependent upon whether the value(s) of the parameter(s), such as S, L, and/or K0 , for the PDSCH is larger ( or smaller) than a threshold. In some such implementations, the parameter S may be an index of the starting symbol of a scheduled Physical Downlink Shared Channel (PDSCH) in a slot, the parameter L may be the number of consecutive symbols of the PDSCH in the slot, the parameter K0 may indicate a slot offset between a slot (e.g., slot O of subframe n illustrated in FIG. 1) containing a PDCCH (e.g., PDCCH 102 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing a PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) that is indicated/scheduled by the DCI carried by the PDCCH (e.g., PDCCH 102 illustrated in FIG. 1), and the parameter K1 may indicate a slot offset between a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing the PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n+l illustrated in FIG. 1) that the UE is indicated to perform the HARQ feedback transmission. Thus, in some implementations, the parameter(s ), such as S, L, and/or K0 may be considered as an implicit indicator that indicates to the VE whether to perform the HARQ feedback transmission. In some implementations, the threshold may be predefined for the VE or may depend on the UE's implementation. In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s). [0138] In some implementations, the RRC configuration may include a PDSCH aggregation factor ( e.g., an IE denoted as pdsch-AggregationFactor) for the PDSCH. [0139] In some implementations, when the number of PDSCH repetitions exceeds (or below) a threshold, the UE may not perform the corresponding HARQ feedback transmission for the PDSCH repetition(s). The threshold may be a predefined value, for example, addressed in the 3GPP TS, or may be preconfigured, for example, by the BS via a DL RRC message.).
Claim 8
With respect to claim 8, Wei disclosed:
The method of claim 1 (see rejection above),
wherein the first threshold comprises a threshold corresponding to a first transmission resource of the wireless communication device, and a second threshold of the at least one threshold corresponds to a second transmission resource of the wireless communication device ([0092] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon whether the value(s) of the parameter(s), such as S, L, and/or K0 , for the PDSCH is larger (or smaller) than a threshold. In some such implementations, the parameter S may be an index of the starting symbol of a scheduled Physical Downlink Shared Channel (PDSCH) in a slot, the parameter L may be the number of consecutive symbols of the PDSCH in the slot, the parameter K0 may indicate a slot offset between a slot (e.g., slot O of subframe n illustrated in FIG. 1) containing a PDCCH (e.g., PDCCH 102 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing a PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) that is indicated/scheduled by the DCI carried by the PDCCH (e.g., PDCCH 102 illustrated in FIG. 1), and the parameter K1 may indicate a slot offset between a slot (e.g., slot 1 of subframe n illustrated in FIG. 1) containing the PDSCH (e.g., PDSCH 104 illustrated in FIG. 1) and a slot (e.g., slot 1 of subframe n+l illustrated in FIG. 1) that the UE is indicated to perform the HARQ feedback transmission. Thus, in some implementations, the parameter(s ), such as S, L, and/or K0 may be considered as an implicit indicator that indicates to the VE whether to perform the HARQ feedback transmission. In some implementations, the threshold may be predefined for the VE or may depend on the UE's implementation. In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s). The Examiner find that the [plural] values of the [plural] parameters, such as S, L, and/or K0, for the PDSCH used as thresholds in Wei reads on a first transmission resource of the wireless communication device, and a second threshold of the at least one threshold corresponds to a second transmission resource of the wireless communication device as claimed).
Claim 9
With respect to claim 9, Wei disclosed:
The method of claim 8 (see rejection above),
wherein the transmission resource comprises or corresponds to a beam or beam direction of the wireless communication device ([0108] In some implementations, if the DCI that schedules the PDSCH reception is decoded from a PDCCH that is indicated by a specific type of serving cell, the UE may not perform the corresponding HARQ feedback transmission. The specific type of serving cell may be (or include) … a beam. [0229] In some implementations, a beam may be considered as a spatial domain filter. For example, a wireless device ( e.g., a UE) may apply the spatial filter in an analog domain by adjusting the phase and/or amplitude of a signal before transmitting the signal through a corresponding antenna element. In another example, the spatial filter may be applied in a digital domain by Multi-Input Multi-Output (MIMO) techniques in the wireless communication system.).
Claim 10
With respect to claim 10, Wei disclosed:
The method of claim 1 (see rejection above),
comprising: determining, by the wireless communication device, whether to disable the feedback in the at least one HARQ process according to a type of transmission setting of the wireless communication device ([0108] In some implementations, if the DCI that schedules the PDSCH reception is decoded from a PDCCH that is indicated by a specific type of serving cell, the UE may not perform the corresponding HARQ feedback transmission. The specific type of serving cell may be (or include) a PCell, a PSCell, a Transmission Reception Point (TRP), a beam, or a cell that is configured for a certain type of service (e.g., Non-Terrestrial Network (NTN)). [0066] In some implementations, the nrofHARQ-ProcessesForNA may be configured by the BS on a serving cell basis, a Semi-Persistent Scheduling (SPS) configuration basis, or a Bandwidth Part (BWP) basis. [0067] In some implementations, a parameter (e.g., nrofHARQ- ProcessesForNA-like) may be used to indicate the specific range (e.g., for a BWP or a serving cell). The UE may not perform HARQ feedback transmissions for the HARQ processes with their HARQ process IDs within the specific range. [0139] In some implementations, when the number of PDSCH repetitions exceeds (or below) a threshold, the UE may not perform the corresponding HARQ feedback transmission for the PDSCH repetition(s). The threshold may be a predefined value, for example, addressed in the 3GPP TS, or may be preconfigured, for example, by the BS via a DL RRC message. ).
Claim 11
With respect to claim 11, Wei disclosed:
The method of claim 1 (see rejection above),
comprising: determining, by the wireless communication device, to disable the feedback when in a first type of transmission setting, and to disable or enable the feedback when not in the first type of transmission setting; or determining, by the wireless communication device, to enable the feedback when in the first type of transmission setting, and to disable or enable the feedback when not in the first type of transmission setting ([0108] In some implementations, if the DCI that schedules the PDSCH reception is decoded from a PDCCH that is indicated by a specific type of serving cell, the UE may not perform the corresponding HARQ feedback transmission. The specific type of serving cell may be ( or include) a PCell, a PSCell, a Transmission Reception Point (TRP), a beam, or a cell that is configured for a certain type of service (e.g., Non-Terrestrial Network (NTN)). [0109] In some implementations, if the DCI that schedules the PDSCH reception is decoded from a PDCCH indicated by a UE-specific/BWP-specific CORESET (e.g., corresponding to an IE denoted as ControResourceSet) configuration, the VE may not perform the corresponding HARQ feedback transmission. For example, if the DCI that schedules the PDSCH reception is decoded from a PDCCH indicated by a CORESET configuration indicated by the non-ack indication in the RRC layer, the VE may not perform the corresponding HARQ feedback transmission. [0113] For example, when the PDSCH is on a specific BWP, the VE may not perform the corresponding HARQ feedback transmission. The specific BWP may be indicated by the BS via a BWP Identity (ID) or via an indicator contained in the BWP-Downlink IE, the BWP-DownlinkDedicated IE, the BWP-DownlinkCommon IE, the PDSCH-ConfigCommon IE, or the PDSCH-Config IE.).
Claim 12
With respect to claim 12, Wei disclosed:
The method of claim 11 (see rejection above),
comprising: determining, by the wireless communication device, to enable the feedback when in the first type of transmission setting; and determining, by the wireless communication device, to disable the feedback when not in the first type of transmission setting ([0095] In some implementations, whether a UE performs the HARQ feedback transmission may be dependent upon the content of at least one DCI field in the DCI. For example, the Network (NW)/BS may set a first DCI field in the DCI to a first value and/or set a second DCI field in the DCI to a second value. When the UE receives the DCI containing the first DCI field and the second DCI field, the UE may determine whether to enable/disable the corresponding HARQ feedback transmission by checking the values of the first DCI field and/or the second DCI field. [0108] In some implementations, if the DCI that schedules the PDSCH reception is decoded from a PDCCH that is indicated by a specific type of serving cell, the UE may not perform the corresponding HARQ feedback transmission. The specific type of serving cell may be ( or include) a PCell, a PSCell, a Transmission Reception Point (TRP), a beam, or a cell that is configured for a certain type of service (e.g., Non-Terrestrial Network (NTN)). [0109] In some implementations, if the DCI that schedules the PDSCH reception is decoded from a PDCCH indicated by a UE-specific/BWP-specific CORESET (e.g., corresponding to an IE denoted as ControResourceSet) configuration, the VE may not perform the corresponding HARQ feedback transmission. For example, if the DCI that schedules the PDSCH reception is decoded from a PDCCH indicated by a CORESET configuration indicated by the non-ack indication in the RRC layer, the VE may not perform the corresponding HARQ feedback transmission. [0113] For example, when the PDSCH is on a specific BWP, the VE may not perform the corresponding HARQ feedback transmission. The specific BWP may be indicated by the BS via a BWP Identity (ID) or via an indicator contained in the BWP-Downlink IE, the BWP-DownlinkDedicated IE, the BWP-DownlinkCommon IE, the PDSCH-ConfigCommon IE, or the PDSCH-Config IE.).
Claim 14
Claim 14 recites limitations similar to the limitations of claim 1 and is rejected by similar reasoning.
Claim 15
With respect to claim 15, Wei disclosed:
The method of claim 14,
comprising: sending, by the wireless communication node from the wireless communication device, the at least one parameter via a downlink control information (DCI) transmission ([0035] The values of the K0 and K1 parameters may be indicated to the UE via DCI. [0178] In action 502, a UE may receive the DCI (e.g., for scheduling a PDSCH) that includes an indicator (e.g., the parameter K1) indicating a slot offset between a first slot containing a PDSCH and a second slot that the UE is indicated by the BS to transmit a HARQ feedback for the DL data of the PDSCH on a UL resource configured by the BS. [0180] As illustrated in FIG. 5, in action 504, the UE may determine whether the slot offset (e.g., a K1 value) is set to a specific value, or is larger than ( or equal to) a threshold.).
Claim 16
With respect to claim 16, Wei disclosed:
The method of claim 14,
comprising: sending, by the wireless communication node from the wireless communication device, the at least one parameter via a radio resource control (RRC) or system information block (SIB) signaling ([0092] In some implementations, the threshold may be configured by the BS on a UE/serving cell group/serving cell/BWP basis, for example, via a DL RRC message(s).).
Claim 19
Claim 19 recites limitations similar to the limitations of claim 1, except that it additionally recites a “processor” (see Wei FIG. 8 and [0257]), and is rejected by similar reasoning.
Claim 20
Claim 22 recites limitations similar to claim 10 and is rejected by similar reasoning.
Claim 22
Claim 22 recites limitations similar to claim 11 and is rejected by similar reasoning.
Claim 23
Claim 23 recites limitations similar to claim 12 and is rejected by similar reasoning.
Claim 24
Claim 24 recites limitations similar to claim 8 and is rejected by similar reasoning.
Claim 25
Claim 25 recites limitations similar to claim 9 and is rejected by similar reasoning.
Claim 26
Claim 26 recites limitations similar to claim 2 and 3 and is rejected by similar reasoning.
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
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 13 AND 21
Claims 13 and 21 is rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Ericsson.
Claim 13
With respect to claim 13, Wei disclosed:
The method of claim 10 (see rejection above).
Wei disclosed “determining, by the wireless communication device, whether to disable the feedback in the at least one HARQ process according to a type of transmission setting of the wireless communication device” as recited in claim 10, based on types of transmission settings including the type of serving cell, the PDSCH repetition type/configuration, or based on a specific type of BWP. Wei also disclosed implementing its HARQ feedback enabling/disabling techniques in Machine Type Communications (MTC). For instance, Wei [0004] disclosed that “The 5G NR system is designed to provide flexibility and configurability to optimize the network services and types, accommodating various use cases, such as … massive Machine-Type Communication (mMTC).” Wei also disclosed implementing LTE. For instance, Wei [0026] disclosed that “a radio communication network architecture (e.g., a Long Term Evolution (LTE) system, a LTE-Advanced (LTE-A) system, or a LTE-Advanced Pro system).” However, Wei did not explicitly disclose “wherein the type of transmission setting includes one of CEModeA or CEModeB.”
The terms “CEModeA” and “CEModeB” as respectively interpreted as “Coverage Enhancement Mode A” and “Coverage Enhancement Mode B” consistent with the Specification (e.g., [0037]).
With respect to claim 13, Ericsson taught:
wherein the type of transmission setting includes one of CEModeA or CEModeB ([p.1] Support for Machine-Type Communications (MTC) and Internet of Things (IoT) in cellular networks is being drastically improved with the recent launches of products based on 3GPPRelease 13… In this blog post we focus on the 4G LTE improvements for MTC/IoT known as LTE-M in the areas of low device cost, long battery life, and deep coverage. [p.2] Deep coverage is the result of the introduction of two new coverage-enhancement modes referred to as CE modes A and B. The improved coverage is expected to be needed by some MTC/IoT devices with challenging coverage conditions, for example water/gas/electricity metering devices installed in basements. The coverage enhancement is mainly achieved through repetition techniques. In ordinary 4G operations, each transmission spans just 1 millisecond, but in the CE modes each transmission can be repeated tens, hundreds or even thousands of times to improve the chances of successful transmission. CE mode A is optimized for moderate coverage enhancement, whereas CE mode B provides extremely deep coverage. Support for at least CE mode A is mandatory for Cat-M1, but both CE modes can also be supported by ordinary 4G devices.).
The Examiner finds that the differences between the claimed invention and the prior art, i.e., combining Wei’s HARQ enabling/disabling based on type of transmission settings to use Ericsson’s CE Mode settings, 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 because doing so merely combines prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). As discussed above, the Examiner found that the prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. The Examiner further finds that one of ordinary skill in the art could have combined the elements as claimed by known methods (i.e., by the methods described in the 3GPP technical specification releases. Note that Wei and Ericsson both describe implementing their techniques with Machine Type Communications), and that in combination, each element merely performs the same function as it does separately (i.e., the functionality performs according to the 3GPP technical specification.). The Examiner further finds that one of ordinary skill in the art would have recognized that the results of the combination were predictable because implementing standards such as the 3GPP technical specifications is predictable, which is one of the primary reasons for standardizing technology.
Claim 21
Claim 21 recites limitations similar to claim 13 and is rejected by similar reasoning.
RESPONSE TO ARGUMENTS
Applicant’s arguments filed 12/19/2025 have been fully considered but they are not persuasive. On page 10 Applicant argued “Wei fails to disclose that the parameter comprises at least one of [A] a repetition number, [B] a resource assignment, or [C] a scheduling delay, where a transmission metric is determined according to the parameter as recited in amended claim 1.” The Examiner has marked the limitation to note that the claim only requires one of options A, B, or C. Applicant continues to argue “The Office Action equates the claimed "parameter" as allegedly being disclosed by Wei's S (index of starting symbol), L (number of consecutive symbols), and KO/ Kl (slot offset).” This statement is misleading. The parameters being discussed read on option C, the “scheduling delay,” but the Examiner cited other portions of Wei that disclose options [A] a repetition number and [B] a resource assignment. Applicant fails to address the rejection of those options in their remarks.
On page 11 Applicant argued:
to the extent that the Office argues that the described "slot offset" in Wei is a "scheduling delay," Applicant respectfully submits that a person of ordinary skill in the art would readily understand these terms as having different meanings within the context of cellular communication - namely, that a slot offset is "between a slot ... containing a PDCCH ... and a slot ... containing a PD SCH" and "between a first slot containing a PD SCH and a second slot that the UE is indicated by the BS to transmit a HARQ feedback" See, Office Action's citation of paragraphs [0092] and [0179] describing the term "slot offset." Neither of these "slot offsets" are a scheduling delay, and are certainly not used to determine a transmission metric.
The Examiner disagrees and asserts that under the broadest reasonable interpretation of the term, the slot offset delays the scheduled PDSCH with respect to slot 0, as explained in the rejection above. Applicant’s argument is also unpersuasive because Applicant merely asserts their opinion, not evidence, of what a person of ordinary skill in the art would understand. Referring to MPEP 2145, arguments presented by applicant cannot take the place of evidence in the record. See In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984); In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997) ("An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness."). See MPEP § 716.01(c) for examples of applicant statements which are not evidence and which must be supported by an appropriate affidavit or declaration. If Applicant wants the claim to be limited to their opinion of what a scheduling delay is then the terminology used in the claim should be explicit of that.
CONCLUSION
Applicant's amendment necessitated the new grounds 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 extension fee 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 date of this final action.
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/C.R.D./
Examiner, Art Unit 2476
/PETER P CHAU/Primary Examiner, Art Unit 2476
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