Prosecution Insights
Last updated: April 19, 2026
Application No. 18/522,151

DEMODULATION REFERENCE SIGNAL CONFIGURATION AND INDICATION SCHEMES

Non-Final OA §102§103
Filed
Nov 28, 2023
Examiner
CLAWSON, STEPHEN J
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
ZTE CORPORATION
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 12m
To Grant
97%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
526 granted / 665 resolved
+21.1% vs TC avg
Strong +18% interview lift
Without
With
+18.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
35 currently pending
Career history
700
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
27.8%
-12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 665 resolved cases

Office Action

§102 §103
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 Objections Claim 7 is objected to because of the following informalities: claim 7 is missing a period. Please review all of your claims. Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 2, 5, 7, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak (2020/0127786). Regarding claim 1, Kwak discloses a method of wireless communication, comprising: (See Kwak para. 1; wireless communication system) receiving, by a communication device, an antenna port indication; and determining, by the communication device, a first demodulation reference signal (DMRS) port based on the antenna port indication, and (See Kwak para. 157, 163; UE (e.g. a communication device) receives from network a DMRS port required for corresponding data (indication is 0 and 1s in the message that the UE interprets as a DMRS port) If OCC-based orthogonal multiplexing is supported, necessary OCC information may also be transmitted, and in the case of ZC sequence-based transmission, cyclic shift information required for the ZC sequence may also be transmitted. (e.g. the UE is determining)) wherein the first DMRS port is mapped to two resource elements of one physical resource block on one OFDM (Orthogonal Frequency Division Multiplexing) symbol. (See Kwak para. 264, fig. 22A; 12 subcarriers may be included in one OFDM symbol on the basis of a PRB, physical resource block, which is a minimum transmission unit of data. Density of a DMRS subcarrier (SC) can be configured in one OFDM symbol as indicated by reference numerals 2210, 2220, and 2230; para. 272, fig. 23; mapping antenna ports to DMRS structure of fig. 22A; para. 273; 2300 and 2305 indicate the cases in which two antenna ports are mapped to the DMRS structure 2210. Reference numeral 2300 indicates a method of mapping two antenna ports p=A, B in a frequency division multiplexing (FDM) scheme and a code division multiplexing (CDM) scheme through application of an orthogonal cover code (OCC) having a length of 2, and reference numeral 2300 indicates a method of mapping two antenna ports p=A, B without application of the OCC.) Regarding claim 2, Kwak discloses the method of claim 1, wherein the first DMRS port is mapped on the two resource elements and the two resource elements are at least one of: 1) continuous in frequency domain for DMRS type 2, or 2) comb in frequency domain for DMRS type 1. (See Kwak para. 349-357; DMRS pattern type 1 comb or type 2 having adjacent RE; 2-FD-OCC; see also para. 359; fig. 28-29) Regarding claim 5, Kwak discloses the method of claim 1, where the antenna port indication is indicated using a radio resource control (RRC) signaling or a MAC control element, or a downlink control information. (See Kwak para. 157; base station may transmit information to the UE (e.g. downlink direction; it contains control information for the uplink transmission); see also para. 115; RRC or MAC CE for control info) Regarding claim 7, Kwak discloses the method of claim 1, wherein the first DMRS port is scheduled with at least one of: an additional first DMRS port; (See Kwak para. 272-273; multiple DMRS ports p=A,B) 2) a second DMRS port mapped on at least four resource elements on the physical resource block of the OFDM symbol, wherein the at least four resource elements are overlapping with the two resource elements to which the first DMRS port maps, wherein a CDM group of the second DMRS port is scheduled on resource elements overlapping with at least one of: 1) three CDM groups of the first DMRS port for DMRS type 1, or 2) two CDM groups of the first DMRS port for DMRS type 2; or 3) a second DMRS port mapped on 4 resource elements non-overlapping with the two resource elements of the first DMRS port Regarding claim 14, Kwak discloses the method of claim 1, further comprising: receiving or transmitting one or more demodulation reference signals based on a determined antenna port configuration. (See Kwak para. 155; DMRS ports used (e.g. based upon the configuration)) 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak (2020/0127786), and further in view of Shin (2020/0343989). Regarding claim 3, Kwak discloses the method of claim 1, wherein the antenna port indication includes at least one of an antenna port index, a number of Code Division Multiplexing (CDM) group without data, or an index of CDM group without data, (See Kwak para. 163; DMRS port, OCC info, etc.) wherein the antenna port indication indicates whether a DMRS port is mapped on the two resource elements or more than two resource elements on the physical resource block on the OFDM (Orthogonal Frequency Division Multiplexing) symbol, and (See Kwak para. 163; DMRS port indicated for corresponding transmission (e.g. whether it is two or more etc) (See Kwak para. 264, fig. 22A; 12 subcarriers may be included in one OFDM symbol on the basis of a PRB, physical resource block, which is a minimum transmission unit of data. Density of a DMRS subcarrier (SC) can be configured in one OFDM symbol as indicated by reference numerals 2210, 2220, and 2230; para. 272, fig. 23; mapping antenna ports to DMRS structure of fig. 22A; para. 273; 2300 and 2305 indicate the cases in which two antenna ports are mapped to the DMRS structure 2210. Reference numeral 2300 indicates a method of mapping two antenna ports p=A, B in a frequency division multiplexing (FDM) scheme and a code division multiplexing (CDM) scheme through application of an orthogonal cover code (OCC) having a length of 2, and reference numeral 2300 indicates a method of mapping two antenna ports p=A, B without application of the OCC.) Kwak does not explicitly disclose wherein an antenna port index in a range specific of the communication device, the range being different from that for another communication device and wherein there are legacy devices. However, Shin discloses wherein an antenna port index in a range specific of the communication device, the range being different from that for another communication device and wherein there are legacy devices. (See Shin para. 6; legacy; para. 155; antenna port index grouped according to type 1 and/or type 2 with different ranges; see also table 4) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Kwak to include the teaching of wherein an antenna port index in a range specific of the communication device, the range being different from that for another communication device and wherein there are legacy devices of Shin with the motivation being to allow for devices on a network with differing capabilities to interact and further to save time and money (as opposed to creating different networks each time a new configuration is introduced) and further to increase connectivity among legacy and/or less capable devices and further to utilize limited wireless resources efficiently. Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak (2020/0127786), and further in view of 3GPP TS 38.214 (ETSI TS 138 214 V15.15.0 “5G; NR; Physical layer procedures for data” Jan 2022). Regarding claim 9, Kwak discloses the method of claim 1. Kwak discloses wherein the first DMRS port has a sequence (See Kwak para. 157, 163; UE (e.g. a communication device) receives from network a DMRS port required for corresponding data (indication is 0 and 1s in the message that the UE interprets as a DMRS port) If OCC-based orthogonal multiplexing is supported, necessary OCC information may also be transmitted, and in the case of ZC sequence-based transmission, cyclic shift information required for the ZC sequence may also be transmitted. (e.g. the UE is determining)) Kwak does not explicitly disclose associated with at least one of a max number of CDM groups based on whether the first DMRS port corresponds to DMRS type 1 or DMRS type 2, or an index of a resource element. However, 3GPP TS38.214 does disclose associated with at least one of a max number of CDM groups based on whether the first DMRS port corresponds to DMRS type 1 or DMRS type 2, or an index of a resource element. (See 3GPP TS38.214 pg. 101, section 6.2.2, table 6.2.2-1; number DMRS CDM groups without data 1-3 (between 1 to 6)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Kwak to include the teaching of associated with at least one of a max number of CDM groups based on whether the first DMRS port corresponds to DMRS type 1 or DMRS type 2, or an index of a resource element of 3GPP TS38.214 with the motivation being to support a higher number of DMRS ports per CDM group which allows for more efficient demodulation of complex MIMO transmissions which leads to improved channel estimation accuracy and can boost network performance particularly in challenging environments or with high-speed scenarios without sacrificing capacity. Regarding claim 11, Kwak discloses the method of claim 1. Kwak does not explicitly disclose wherein a number of a CDM group without data is between 1 to 6. However, 3GPP TS 38.214 does disclose wherein a number of a CDM group without data is between 1 to 6. (See 3GPP TS38.214 pg. 101, section 6.2.2, table 6.2.2-1; number DMRS CDM groups without data 1-3 (between 1 to 6)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Kwak to include the teaching of wherein a number of a CDM group without data is between 1 to 6 of 3GPP TS38.214 with the motivation being to support a higher number of DMRS ports per CDM group which allows for more efficient demodulation of complex MIMO transmissions which leads to improved channel estimation accuracy and can boost network performance particularly in challenging environments or with high-speed scenarios without sacrificing capacity. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 15, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak (2020/0127786). Regarding claim 15, Kwak discloses a method of wireless communication, comprising: scheduling user devices (See Kwak para. 84; scheduling by a base station to a UE) to utilize a same time-frequency resource, each user device corresponding to a first type of a user device configured to operate according to a first antenna port configuration or a second type of a user device configured to operate according to a second antenna port configuration, and wherein the first antenna port configuration maps an antenna port for one or more demodulation reference signals (DMRSs) to two resource elements of a physical resource block on a symbol and the second antenna port configuration maps the antenna port to at least 4 resource elements of the physical resource block on the symbol. (See Kwak para. 272-277; scheduling of user devices to utilize a same-frequency resource by using CDM through the application of OCC; fig. 23; 2300 of fig. 23 illustrates a first antenna port configuration in which one or more DMRS are mapped to two resource elements of a PRB ona symbol. 2310 shows 2nd antenna port config in which one or more DMRS are mapped to 4 resource elements of PRB on a symbol) Regarding claim 16, Kwak discloses the method of claim 15, wherein the user devices include the first type of the user device and the second type of the user device, and wherein the first type of the user device and the second type of the user device have a same DMRS pattern, or have antenna ports that are mapped on non-overlapping resource elements. (See Kwak para. 272-277; scheduling of user devices to utilize a same-frequency resource by using CDM through the application of OCC; fig. 23; 2300 of fig. 23 illustrates a first antenna port configuration in which one or more DMRS are mapped to two resource elements of a PRB on a symbol. 2310 shows 2nd antenna port config in which one or more DMRS are mapped to 4 resource elements of PRB on a symbol) Regarding claim 19, Kwak discloses the method of claim 15, wherein the user devices include multiple second type of the user devices only or multiple first type of the user devices only. (See Kwak para. 274; using an FDM scheme or UEs (multiple first type or multiple second type); see also 272-277; scheduling of user devices to utilize a same-frequency resource by using CDM through the application of OCC; fig. 23; 2300 of fig. 23 illustrates a first antenna port configuration in which one or more DMRS are mapped to two resource elements of a PRB on a symbol. 2310 shows 2nd antenna port config in which one or more DMRS are mapped to 4 resource elements of PRB on a symbol) Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 25, 27, 28, and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak (2020/0127786). Regarding claim 25, Kwak discloses an apparatus for wireless communication comprising a processor and a memory, wherein the processor is configured to read instructions from the memory and implement a method including: (See Kwak para. 500, para. 69; processor executing an algorithm stored in memory) receiving, by a communication device, an antenna port indication; and determining, by the communication device, a first demodulation reference signal (DMRS) port based on the antenna port indication, and(See Kwak para. 157, 163; UE (e.g. a communication device) receives from network a DMRS port required for corresponding data (indication is 0 and 1s in the message that the UE interprets as a DMRS port) If OCC-based orthogonal multiplexing is supported, necessary OCC information may also be transmitted, and in the case of ZC sequence-based transmission, cyclic shift information required for the ZC sequence may also be transmitted. (e.g. the UE is determining)) wherein the first DMRS port is mapped to two resource elements of one physical resource block on one OFDM (Orthogonal Frequency Division Multiplexing) symbol. (See Kwak para. 264, fig. 22A; 12 subcarriers may be included in one OFDM symbol on the basis of a PRB, physical resource block, which is a minimum transmission unit of data. Density of a DMRS subcarrier (SC) can be configured in one OFDM symbol as indicated by reference numerals 2210, 2220, and 2230; para. 272, fig. 23; mapping antenna ports to DMRS structure of fig. 22A; para. 273; 2300 and 2305 indicate the cases in which two antenna ports are mapped to the DMRS structure 2210. Reference numeral 2300 indicates a method of mapping two antenna ports p=A, B in a frequency division multiplexing (FDM) scheme and a code division multiplexing (CDM) scheme through application of an orthogonal cover code (OCC) having a length of 2, and reference numeral 2300 indicates a method of mapping two antenna ports p=A, B without application of the OCC.) Regarding claim 27, Kwak discloses the apparatus of claim 25, where the antenna port indication is indicated using a radio resource control (RRC) signaling or a MAC control element, or a downlink control information. (See Kwak para. 157; base station may transmit information to the UE (e.g. downlink direction; it contains control information for the uplink transmission); see also para. 115; RRC or MAC CE for control info) Regarding claim 28, Kwak discloses the apparatus of claim 25, wherein the first DMRS port is mapped on the two resource elements and (See Kwak para. 264, fig. 22A; 12 subcarriers may be included in one OFDM symbol on the basis of a PRB, physical resource block, which is a minimum transmission unit of data. Density of a DMRS subcarrier (SC) can be configured in one OFDM symbol as indicated by reference numerals 2210, 2220, and 2230; para. 272, fig. 23; mapping antenna ports to DMRS structure of fig. 22A; para. 273; 2300 and 2305 indicate the cases in which two antenna ports are mapped to the DMRS structure 2210. Reference numeral 2300 indicates a method of mapping two antenna ports p=A, B in a frequency division multiplexing (FDM) scheme and a code division multiplexing (CDM) scheme through application of an orthogonal cover code (OCC) having a length of 2, and reference numeral 2300 indicates a method of mapping two antenna ports p=A, B without application of the OCC.; fig. 23 mapping on two resource elements) the two resource elements are at least one of: 1) continuous in frequency domain for DMRS type 2, or 2) comb in frequency domain for DMRS type 1, or wherein the first DMRS port has a sequence associated with at least one of a max number of CDM groups based on whether the first DMRS port corresponds to DMRS type 1 or DMRS type 2, or an index of a resource element. (See Kwak para. 349-357; adjacent RE in frequency domain (e.g. continuous in frequency domain); para. 535; index of resource) Regarding claim 29, Kwak discloses the apparatus of claim 25, wherein the first DMRS port is scheduled with at least one of: 1) an additional first DMRS port; (See Kwak para. 272-273; multiple DMRS ports p=A,B) 2) a second DMRS port mapped on at least four resource elements on the physical resource block of the OFDM symbol, wherein the at least four resource elements are overlapping with the two resource elements to which the first DMRS port maps, wherein a CDM group of the second DMRS port is scheduled on resource elements overlapping with at least one of: 1) three CDM groups of the first DMRS port for DMRS type 1, or 2) two CDM groups of the first DMRS port for DMRS type 2; or 3) a second DMRS port mapped on 4 resource elements non-overlapping with the two resource elements of the first DMRS port. 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 26 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak (2020/0127786), and further in view of Shin (2020/0343989). Regarding claim 26, Kwak discloses the apparatus of claim 25, wherein the antenna port indication includes at least one of an antenna port index, a number of Code Division Multiplexing (CDM) group without data, or an index of CDM group without data, (See Kwak para. 163; DMRS port, OCC info, etc.) wherein the antenna port indication indicates whether a DMRS port is mapped on the two resource elements or more than two resource elements on the physical resource block on the OFDM (Orthogonal Frequency Division Multiplexing) symbol, and (See Kwak para. 163; DMRS port indicated for corresponding transmission (e.g. whether it is two or more etc) (See Kwak para. 264, fig. 22A; 12 subcarriers may be included in one OFDM symbol on the basis of a PRB, physical resource block, which is a minimum transmission unit of data. Density of a DMRS subcarrier (SC) can be configured in one OFDM symbol as indicated by reference numerals 2210, 2220, and 2230; para. 272, fig. 23; mapping antenna ports to DMRS structure of fig. 22A; para. 273; 2300 and 2305 indicate the cases in which two antenna ports are mapped to the DMRS structure 2210. Reference numeral 2300 indicates a method of mapping two antenna ports p=A, B in a frequency division multiplexing (FDM) scheme and a code division multiplexing (CDM) scheme through application of an orthogonal cover code (OCC) having a length of 2, and reference numeral 2300 indicates a method of mapping two antenna ports p=A, B without application of the OCC.) Kwak does not explicitly disclose wherein an antenna port index in a range specific of the communication device, the range being different from that for another communication device and wherein there are legacy devices. However, Shin discloses wherein an antenna port index in a range specific of the communication device, the range being different from that for another communication device and wherein there are legacy devices. (See Shin para. 6; legacy; para. 155; antenna port index grouped according to type 1 and/or type 2 with different ranges; see also table 4) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Kwak to include the teaching of wherein an antenna port index in a range specific of the communication device, the range being different from that for another communication device and wherein there are legacy devices of Shin with the motivation being to allow for devices on a network with differing capabilities to interact and further to save time and money (as opposed to creating different networks each time a new configuration is introduced) and further to increase connectivity among legacy and/or less capable devices and further to utilize limited wireless resources efficiently. Allowable Subject Matter Claims 10, and 20-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CLAWSON whose telephone number is (571)270-7498. The examiner can normally be reached M-F 7:30-5:00 pm est. 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, Huy D Vu can be reached at (571) 272-3155. 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. /Stephen J Clawson/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Nov 28, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection — §102, §103 (current)

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