DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-4, 7-9, 12, 15 and 21-22 have been amended. Claims 23-24, 26, 28, 31-32 and 37 have been withdrawn. Claims 1-4, 7-12, 15 and 21-22 are currently pending in the instant application.
Election/Restriction
Applicant’s election without traverse of Group 1 in the reply filed on 5/18/2026 is acknowledge.
Examiner Note
Claims 12 & 22 recites in part “… less than or equal to a smallest value of a maximum number of antenna ports…” Examiner interprets this language to mean “less than or equal to a maximum number of antenna ports.” If the intended interpretation is for a range of maximum values, the examiner notes the claim language currently does not require such an interpretation and such an interpretation may lead to possible claim objections and/or 112 issues for language being unclear.
Claim Objections
Claim 11 is objected to because of the following informalities: the claim does not end with a period “.”. Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. Please see MPEP 608.01(m), Fressola v.Manbeck, 36 USPQ2d 1211 (D.D.C. 1995).
Claims 7-8, 10-12 & 22 objected to because of the following informalities: the claims recites the limitation "the SRS resource set.” Claim 1 introduces “one or more SRS resource sets.” Therefore, when the dependent claims 7-8, 10-12 & 22 recite “the SRS resource set” it is unclear whether the resource set refers to any set, every set, a set associated with a particular PUSCH, one of the sets, all sets collectively. There is insufficient antecedent basis for this limitation in the claims.
Claim Rejections - 35 USC § 102
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-4, 7, 9-11. 15 and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gao et al Pub. No.: (US 2023/0171763 A1) (hereinafter “Gao”).
With respect to claim 1: Gao discloses a method of wireless communication, comprising:
transmitting, upon determining that a wireless device operating in a multiple transmission reception point wireless configuration with a network device satisfies a condition, one or more uplink control transmissions using a codebook-based or non-codebook-based precoding (using a codebook or non-codebook based PUSCH transmission when one or more PUSCHs area transmitted to two transmission reception points [0152-0155], [0046-0047], precoding information for PUSCH transmission to two TRPs [0162-0163], [0035]);
wherein the one or more uplink control transmissions are performed according to a configuration information received from a network device that indicates one or more sounding reference signal (SRS) resource sets associated with the one or more uplink control transmission (when one or more PUSCHs transmitted to two TRPs are scheduled by a DCI, two SRS resources are also indicated in the DCI can be configured for the UE [0152-0154]);
wherein at least one of the one or more uplink control transmissions comprises at least one of: a physical uplink shared channel (PUSCH) transmission, a PUSCH transmission occasion, or a PUSCH repetition (uplink control information such as Hybrid Automatic Repeat Request Acknowledgement, CSI feedback, or scheduling request on a PUCCH resource may be present in a same slot as a PUSCH [0158-0159]);
wherein the configuration information is received by a radio resource control layer signaling that comprises one or more parameters (a list of uplink TCI states can be configured by higher layers (i.e. RRC) for a UE, a set of power control parameters are preconfigured and signaled to a UE [0059-0060], [0033-0034]).
With respect to claim 2: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the condition is satisfied in a case that the wireless device is scheduled to transmit more than one uplink control transmissions and the more than one uplink control transmissions are partly or entirely overlapping in a time domain (if two PUSCHs, each towards a different TRP, overlaps with the PUCCH in one or more symbols in a slot and has the same spatial relation and one of the two PUSCHs, the UCI is transmitted on both of the PUSCHs to both TRP. The UCI is transmitted on both PUSCHs if the PUCCH overlaps with the PUSCHs with at least one symbol [0159-0160]).
With respect to claim 3: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the codebook-based or non-codebook-based precoding is a codebook based precoding, wherein the condition is satisfied in a case that the one or more uplink control transmissions are respectively associated with the one or more SRS resource sets to use a codebook based precoding (a transmit precoding matrix indicator (TPMI) is indicated for each SRS resource, wherein the SRS is indicated in the SRS indicator field of the DCI [0138]. If two SRS resources are configured in the SRS resource set associated with the higher layer parameter usage of value CodeBook, then the PUSCH DMRS is spatially related to the most recent SRS transmission in the SRS resource indicated by the ‘SRS resource indicator field [0033-0038]. DCI fields are used to configured uplink transmission).
With respect to claim 4: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the one or more uplink control transmissions are transmitted simultaneously using a same SRS resource set (simultaneously uplink PUSCH transmission towards two or more TRPs by indicating two or more SRS resources in either a single SRS resource set or in different SYS resource sets [0116]).
With respect to claim 7: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein one of the one or more parameters indicates a number of SRS resources in the SRS resource set (The UE transmits SRS in one or two configured SRS resources. The one or two SRS resources are configured in an SRS resource set with a higher layer parameter usage set to ‘CodeBook’. Note that only a single SRS resource set can be configured with usage set to “Codebook”. [0033-0039]. Nsrs indicates the number of configured SRS resources and Lmax indicates the maximum number of supported layers for PUSCH [0041]).
With respect to claim 9: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the codebook-based or non-codebook-based precoding is a codebook based precoding, wherein one of the one or more parameters indicates a number of antenna ports configured for an uplink control transmission (DCI fields including precoding information and number of layers, antenna ports and SRS request [0162-0165]. DCI fields are used to configured uplink transmission).
With respect to claim 10: Gao discloses the method of claim 9 as set forth above.
Gao discloses wherein a same number of antenna ports are configured for each SRS resource in the SRS resource set (the first SRS resource is linked to the first DMRS port indicated in the DCI field antenna ports and the second SRS resource is linked to the second DMRS port indicated in the DCI field antenna ports [0138], [0033).
With respect to claim 11: Gao discloses the method of claim 9 as set forth above.
Gao discloses wherein different number of antenna ports are configured for SRS resources in the SRS resource set (if there is more then 1 SRS port per SRS resource, a transmit precoding matrix indicator is indicated for each SRS resource [0138], [0033], [0149]).
With respect to claim 15: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the codebook-based or non-codebook-based precoding is a non-codebook based precoding, wherein the condition is satisfied in a case that the one or more uplink control transmissions are respectively associated with the one or more SRS resource sets to use the non-codebook based precoding (non-codebook based UL transmission is also supported in NR, enabling reciprocity-based UL transmission in which SRS precoding is derived at a UE. Only a single SRS resource set can be configured with “non-codebook” [0041]. SRS resource set for non-codebook based on PUSCH scheme [0047]).
With respect to claim 21: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the codebook-based or non-codebook-based precoding is a non-codebook based precoding, wherein one of the one or more parameters indicates one or more non-zero power (NZP) channel state information reference signal (CSI-RS) resources respectively associated with the one or more SRS resource sets (each of the two or more SRS resources is associated with a respective reference signal through a spatial relationship, wherein the respective signal is a SSB, NZP CSI-RS, or another SRS [0046], [0081], [0177]).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al Pub. No.: (US 2023/0171763 A1) (hereinafter “Gao”) as applied to claims 1 above, further in view of (JP 2022541385 A) (hereinafter "JP”) PE2E English Machine Translation Provided in the office action dated Aug 2026.
With respect to claim 8: Gao discloses the method of claim 1 as set forth above.
However, Gao does not explicitly disclose wherein a maximum number of SRS resources in the SRS resource set depends on a capability reported by the wireless device;
JP discloses wherein a maximum number of SRS resources in the SRS resource set depends on a capability reported by the wireless device (Gao discloses the UE can configure up to four SRS resources in a SRS resource set [0041] and JP Pg 9-10 discloses for an SRS resource set having a usage of antenna switching, the number (maximum number) of configurable SRS resource sets is determined according to the UE capability reported by the UE);
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao in view of JP in order to have configurable SRS resources sets based on reported UE capability;
One of ordinary skill in the art would have been motivated because it would improve the flexibility of SRS parameters [JP Pg 4].
Claims 12 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al Pub. No.: (US 2023/0171763 A1) (hereinafter “Gao”) as applied to claims 1-4, 7, 9-11. 15 and 21 above, further in view of Kim et al Pub. No.: (US 2023/0023982 A1) (hereinafter "Kim”).
With respect to claim 12: Gao discloses the method of claim 1 as set forth above.
However, Gao does not explicitly disclose wherein a maximum number of transmission layers for the one or more uplink control transmissions is less than or equal to a smallest value of a maximum number of antenna ports of indicated SRS resources in the SRS resource set;
Kim discloses wherein a maximum number of transmission layers for the one or more uplink control transmissions is less than or equal to a smallest value of a maximum number of antenna ports of indicated SRS resources in the SRS resource set (the number of transmission layer of uplink transmission associated with the first SRS resource set may equal the number of antenna ports of uplink transmission associated with the second SRS resource set [0215]);
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao in view of Kim in order to have a maximum number of transmission layers for the one or more uplink control transmissions is less than or equal to a smallest value of a maximum number of antenna ports;
One of ordinary skill in the art would have been motivated because it would improve mobile broadband communication and improving reliability in Multi-TRP [Kim: 0071, 0129].
With respect to claim 22: Gao discloses the method of claim 1 as set forth above.
Gao discloses wherein the codebook-based or non-codebook-based precoding is a non-codebook based precoding (non-codebook based UL transmission is also supported in NR, enabling reciprocity-based UL transmission in which SRS precoding is derived at a UE. Only a single SRS resource set can be configured with “non-codebook” [0041]. SRS resource set for non-codebook based on PUSCH scheme [0047]);
However, Gao does not explicitly disclose wherein a maximum number of transmission layers for the one or more uplink control transmissions is less than or equal to a smallest value of a maximum number of antenna ports of indicated SRS resources in the SRS resource set;
Kim discloses wherein a maximum number of transmission layers for the one or more uplink control transmissions is less than or equal to a smallest value of a maximum number of antenna ports of indicated SRS resources in the SRS resource set (the number of transmission layer of uplink transmission associated with the first SRS resource set may equal the number of antenna ports of uplink transmission associated with the second SRS resource set [0215]);
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao in view of Kim in order to have a maximum number of transmission layers for the one or more uplink control transmissions equal to a smallest value of a maximum number of antenna ports;
One of ordinary skill in the art would have been motivated because it would improve mobile broadband communication and improving reliability in Multi-TRP [Kim: 0071, 0129].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Fang et al. Pub. No.: (US 2024/0098738 A1). The subject matter disclosed therein is pertinent to that of claims 1-4, 7-12, 15 and 21-22 (e.g., Uplink transmission method, terminal device, and network device).
Lim et al. Pub. No.: (US 2024/0073923 A1). The subject matter disclosed therein is pertinent to that of claims 1-4, 7-12, 15 and 21-22 (e.g., Method and device for precoder indication for supporting multiple panels in wireless communication system).
Rahman et al. Pub. No.: (US 2023/0268971 A1). The subject matter disclosed therein is pertinent to that of claims 1-4, 7-12, 15 and 21-22 (e.g., Method and apparatus for UL transmission).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO DUC DUONG whose telephone number is (571)272-2350. The examiner can normally be reached on M-F 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Moo Jeong can be reached on (571)272-9617. 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.
/T. D./
Examiner, Art Unit 2418
/MICHAEL A KELLER/Primary Patent Examiner, Art Unit 2418
Prosecution Insights