DETAILED ACTION
This Office action is a response to Election/Restriction made to an Application No. 18/526,227 filed on 02/26/2026 in which claim 16 is amended, claims 9-14 and 22-27 are canceled, and new claims 28-39 are added. Accordingly, Claims 1-8, 15-21, and 28-39 are currently pending for examination.
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 .
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 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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-8 and 15-21, in the reply filed on 02/26/2026 is acknowledged.
Drawings
The Examiner contends that the drawings submitted on 12/01/2023 are acceptable for examination proceedings.
Claim Objections
Claims 1, 2, 5, 15, 16, and 19 are objected to because of the following informalities:
Claims 1 and 15 recite the phrase “executable” respectively. Language that suggests or makes optional (i.e., executable) but does not require step to be performed or does not limit the scope of the claim to a particular structure or does not limit the scope of a claim or claim limitation(s). Such clauses may render parts of the claim(s) optional (see MPEP 2106 and 2111.04).
Claims 1, 2, 5, 15, 16, and 19 recite the phrase “operable to” respectively. Language that suggests or makes optional (i.e., operable to) but does not require step to be performed or does not limit the scope of the claim to a particular structure or does not limit the scope of a claim or claim limitation(s). Such clauses may render parts of the claim(s) optional (see MPEP 2106 and 2111.04).
Appropriate corrections are 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)(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 1-8, 15-21, and 28-39 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Echigo et al. (US 2024/0259880 A1) hereinafter “Echigo”.
Regarding claims 1 and 28, Echigo discloses Claim 1 of a receiving device (see FIG. 23 and 24; see ¶ [0373], user terminal), and Claim 28 of a method for wireless communication at a receiving device, comprising:
one or more memories storing processor-executable code (see FIG. 24; see ¶ [0373], user terminal includes a memory); and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the receiving device to (see FIG. 24; see ¶ [0373], user terminal includes a processor and a memory):
receive a grant scheduling a transmission to the receiving device across a set of layers, the grant indicating a combined modulation order associated with the transmission (see ¶ [0042] [0206] [0208], the UE may determine MCSs of layer 0 and layer 1 of a configured grant. The UE may judge an MCS per layer for dynamic PUSCH scheduled by DCI, based on an RRC parameter related to the MCS per layer);
receive the transmission via the set of layers and according to the combined modulation order, the combined modulation order based on at least two modulation orders used for at least two corresponding layers in the set of layers, wherein the at least two modulation orders are within a threshold level of each other (see ¶ [0201] [0209], the UE may determine a modulation order (Qm1) and a target code rate (R1) for layer 1, based on the MCS index for layer 1 and may determine a modulation order (Qm2) and a target code rate (R2) for layer 2, based on the MCS index for layer 2 and a plurality of MCSs applied to a plurality of respective layers and the difference between these orders is equal to or smaller than a threshold); and
decode the transmission according to the combined modulation order (see ¶ [0206] [0356], the UE may determine MCSs of layer 0 and layer 1 of a configured grant by using respective values and decode).
Regarding claims 2, 16, 29, and 35, Echigo discloses wherein the one or more processors are individually or collectively further operable to execute the code to cause the receiving device to:
receive an indication of a modulation and coding scheme table associated with multi-layer communications, the modulation and coding scheme table comprising a set of combined modulation orders that includes the combined modulation order, wherein, to decode the transmission, the one or more processors are individually or collectively operable to execute the code to cause the receiving device to decode the transmission based at least in part on the modulation and coding scheme table (see FIG. 11A, 11B, and 12; see ¶ [0182-91], the MCS table indicating the MCSs for the plurality of layers).
Regarding claims 3, 17, 30, and 36, Echigo discloses wherein each combined modulation order in the set of combined modulation orders is associated with at least two consecutive modulation order levels, a combination of the at least two consecutive modulation order levels forming the combined modulation order (see ¶ [0209], the modulation order applied to the first layer is the same as the modulation order applied to the second layer).
Regarding claims 4, 18, 31, and 37, Echigo discloses wherein the set of combined modulation orders comprise a first quadrature phase-shift keying (QPSK) modulation and a second QPSK modulation, the first QPSK modulation and a first 16 quadrature amplitude modulation (QAM), the first 16 QAM and a second 16 QAM, the first 16 QAM and a first 64 QAM, the first 64 QAM and a second 64 QAM, the first 64 QAM and a first 256 QAM, the first 256 QAM and a second 256 QAM, the first 256 QAM and a first 1024 QAM, the first 1024 QAM and a second 1024 QAM, the first QAM and a first 4096 QAM, the first 4096 QAM and a second 4096 QAM, or a combination thereof (see FIG. 11A, 11B, and 12; see ¶ [0182]).
Regarding claims 5, 19, 32, and 38, Echigo discloses wherein the one or more processors are individually or collectively further operable to execute the code to cause the receiving device to:
receive an indication of a modulation and coding scheme table associated with single layer communications, the modulation and coding scheme table comprising a set of modulation orders corresponding to each single layer communication (see ¶ [0186-91] [0204-08], enableMCSPerLayer may be a parameter that enables MCS control per layer and the UE may determine an MCS per layer of a configured grant by using a value given); and
determine the combined modulation order based on the grant, the threshold level, and a spectral efficiency parameter in the modulation and coding scheme table (see ¶ [0186-91] [0258], MCSs for the plurality of layers (modulation scheme, code rate, spectrum efficiency)).
Regarding claims 6, 20, 33, and 39, Echigo discloses wherein the combined modulation order is associated with at least two consecutive modulation order levels, a combination of the at least two consecutive modulation order levels forming the combined modulation order (see ¶ [0209], the modulation order applied to the first layer is the same as the modulation order applied to the second layer).
Regarding claims 7, and 21, Echigo discloses wherein the at least two modulation orders comprise at least one of quadrature phase-shift keying (QPSK), quadrature amplitude modulation (QAM), or both (see FIG. 11A, 11B, and 12; see ¶ [0182]).
Regarding claim 8, Echigo discloses wherein the transmission across the set of layers comprises a jointly coded and encoded transmission (see ¶ [0209], the modulation order applied to the first layer is the same as the modulation order applied to the second layer).
Regarding claims 15 and 34, Echigo discloses Claim 1 of a transmitting device (see FIG. 22 and 24; see ¶ [0373], base station), and Claim 28 of a method for wireless communication at a transmitting device, comprising:
one or more memories storing processor-executable code (see FIG. 24; see ¶ [0373], base station includes a memory); and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the receiving device to (see FIG. 24; see ¶ [0373], base station includes a processor and a memory):
transmit, to a receiving device, a grant scheduling a transmission to the receiving device across a set of layers, the grant indicating a combined modulation order associated with the transmission (see ¶ [0042] [0206] [0208], the UE may determine MCSs of layer 0 and layer 1 of a configured grant. The UE may judge an MCS per layer for dynamic PUSCH scheduled by DCI, based on an RRC parameter related to the MCS per layer);
transmit the transmission via the set of layers and according to the combined modulation order, the combined modulation order based on at least two modulation orders used for at least two corresponding layers in the set of layers, wherein the at least two modulation orders are within a threshold level of each other (see ¶ [0201] [0209], the UE may determine a modulation order (Qm1) and a target code rate (R1) for layer 1, based on the MCS index for layer 1 and may determine a modulation order (Qm2) and a target code rate (R2) for layer 2, based on the MCS index for layer 2 and a plurality of MCSs applied to a plurality of respective layers and the difference between these orders is equal to or smaller than a threshold).
Conclusion
The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
EINHAUS et al. (US 2023/0254197 A1) teaches a modulation and coding scheme to be used for transmission of a data is selected from a set of predetermined modulation and coding schemes where the predetermination of the set is performed by selecting the set from a plurality of predefined sets, and the sets have the same size, so that a modulation and coding selection indicator signaled to select the modulation and coding scheme may be advantageously applied to any of the selected sets (see Abstract).
Rudolf et al. (US 2024/0039655 A1) teaches a method of receiving: first information for a first modulation and coding scheme (MCS) table associated with a first frequency-domain subband in a reception bandwidth on a cell, second information for a second MCS table associated with a second frequency-domain subband in the reception bandwidth, and third information for a condition and further includes determining whether the condition is valid for reception in a slot or symbol and receiving the PDSCH in the slot or symbol based on the first MCS table when valid and the second MCS table when not valid (see Abstract).
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER CHEN whose telephone number is (571)270-7241. The examiner can normally be reached Monday - Friday 8:00am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER CHEN/Primary Examiner, Art Unit 2462