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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 14, 2026 has been entered.
Response to Arguments
Applicant's arguments filed December 17, 2025 have been fully considered but they are not persuasive.
Applicants submit that Sun describes repetition of PRB pairs over subframes with
bundling for data recovery ([0030] – [0036]). Sun's repetition count is based on fixed or incremental combining in response to decoding failures, rather than as a function of the total transport block repetitions ([0049] – [0054]).
Examiner submits that Sun teaches of signal retransmissions for data recovery, where a signal that contains sub-units of an encoded transport block in a subframe is repeated a number of times in a number of repeated subframes or encoded transport blocks. The “number of times” is a parameter that defines the number of repetitions for signal retransmission. Sun teaches that the number of times can be 2, 4, 8, 16, 32, 64 or 128. Sun's repetition count is utilized for successful signal detection. Sun II further teaches of a repeated number of times being a predetermined function of a number of repetitions of the encoded transport block (see Figures 4A – 4C and Paragraphs 0042 – 0048). Yamamoto also teaches of a repeated number of times being a predetermined function of a number of repetitions of the subframe (Paragraphs 0016 – 0017 and Fig.6). Therefore, the combination of Sun, Sun-II and Yamamoto teach all the limitations of claim 4.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 4, 6 and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15, 17 and 19 of U.S. Patent No. 11,843,404 in view of Yamamoto et al (US 2017/0318411).
Re claim 4,
Claim 15 of U.S. Patent No. 11,843,404 recites of a communications device comprising: receiver circuitry configured to receive signals transmitted by an infrastructure equipment of a wireless communications network in accordance with a wireless access interface provided by the infrastructure equipment, and controller circuitry configured to control the receiver circuitry to receive data via a downlink of the wireless access interface, wherein the wireless access interface includes communications resources for allocation to the communications device on the downlink, the communications resources including frequency resources, and time resources in which the wireless access interface is divided into predetermined time-divided units and the controller circuitry is configured in combination with the receiver circuitry: to receive a plurality of sub-units of an encoded transport block of data in a plurality of time-divided units within frequency resources of the wireless access interface allocated to the communications device, each of the sub-units being received a repeated number of times within a repetition cycle, and to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block. However, Claim 15 of U.S. Patent No. 11,843,404 does not recite of performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form the composite sub-unit to recover the transport block. Claim 15 of U.S. Patent No. 11,843,404 does not recite the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block.
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6), the repeated number of times being a predetermined function of a number of repetitions of the encoded data block (NRep, a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraphs 0016 – 0017),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy and to have the repeated number of times be a predetermined function of a number of repetitions of the encoded data block so as to perform repetition transmission.
Re claim 6,
Claim 17 of U.S. Patent No. 11,843,404 recites of wherein the transport block has been encoded with an error correction and/or detection code and the controller circuitry is configured in combination with the receiver circuitry: to decode the transport block formed from the composite sub-units, formed of combined symbols of the sub-units, received from the first repetition cycle, to detect whether the transport block has been successfully decoded, and if successfully decoded to output the transport block, or if not successfully decoded to combine the composite sub-units formed from the one or more subsequent repetition cycles with the sub-units received from the first repetition cycle, and to decode the combined composite units of the transport block.
Re claim 9,
Claim 19 of U.S. Patent No. 11,843,404 recites of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to the sub-units of a next one or more of the subsequent repetition cycle being received.
Claims 4 – 6 and 8 – 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 5 and 8 – 18 of U.S. Patent No. 11,489,549 in view of Yamamoto.
Re claim 4,
Claim 1 of U.S. Patent No. 11,489,549 recites of a communications device comprising: receiver circuitry configured to receive signals transmitted by an infrastructure equipment of a wireless communications network in accordance with a wireless access interface provided by the infrastructure equipment, and controller circuitry configured to control the receiver circuitry to receive data via a downlink of the wireless access interface, wherein the wireless access interface includes communications resources for allocation to the communications device on the downlink, the communications resources including frequency resources, and time resources in which the wireless access interface is divided into predetermined time-divided units and the controller circuitry is configured in combination with the receiver circuitry: to receive a plurality of sub-units of an encoded transport block of data in a plurality of time-divided units within frequency resources of the wireless access interface allocated to the communications device, each of the sub-units being received a repeated number of times within a repetition cycle, and to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block. However, Claim 1 of U.S. Patent No. 11,489,549 does not recite of performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form the composite sub-unit to recover the transport block. Claim 1 of U.S. Patent No. 11, 489,549 does not recite the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block.
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6), the repeated number of times being a predetermined function of a number of repetitions of the encoded data block (NRep, a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraphs 0016 – 0017),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy and to have the repeated number of times be a predetermined function of a number of repetitions of the encoded data block so as to perform repetition transmission.
Re claim 5,
Claim 2 of U.S. Patent No. 11,489,549 recites of wherein the repetition cycle is a first repetition cycle and the repeated number of times each sub-unit is transmitted in the first repetition cycle is a first repeated number of times and the receiver circuitry is configured: to receive each sub-unit a repeated number of times in one or more subsequent repetition cycles, for each of the one or more subsequent repetition cycles to receive each of the sub-units the repeated number of times within the repetition cycle, to combine symbols of the same sub-unit received the repeated number of times for the sub-unit to form for the repetition cycle a composite sub-unit, and to recover the transport block from the composite sub-units by combining the composite sub-units formed from different repetition cycles when decoding.
Re claim 6,
Claim 3 of U.S. Patent No. 11,489,549 recites of wherein the transport block has been encoded with an error correction and/or detection code and the controller circuitry is configured in combination with the receiver circuitry: to decode the transport block formed from the composite sub-units, formed of combined symbols of the sub-units, received from the first repetition cycle, to detect whether the transport block has been successfully decoded, and if successfully decoded to output the transport block, or if not successfully decoded to combine the composite sub-units formed from the one or more subsequent repetition cycles with the sub-units received from the first repetition cycle, and to decode the combined composite units of the transport block.
Re claim 8,
Claim 4 of U.S. Patent No. 11,489,549 recites of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to each of a combination of the current combined composite sub-units and a composite sub- unit formed from a next one or more of the one or more subsequent repetition cycles.
Re claim 9,
Claim 5 of U.S. Patent No. 11,489,549 recites of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to the sub-units of a next one or more of the subsequent repetition cycle being received.
Re claim 4,
Claim 8 of U.S. Patent No. 11,489,549 recites of a communications device comprising: receiver circuitry configured to receive signals transmitted by an infrastructure equipment of a wireless communications network in accordance with a wireless access interface provided by the infrastructure equipment, and controller circuitry configured to control the receiver circuitry to receive data via a downlink of the wireless access interface, wherein the wireless access interface includes communications resources for allocation to the communications device on the downlink, the communications resources including frequency resources, and time resources in which the wireless access interface is divided into predetermined time-divided units and the controller circuitry is configured in combination with the receiver circuitry: to receive a plurality of sub-units of an encoded transport block of data in a plurality of time-divided units within frequency resources of the wireless access interface allocated to the communications device, each of the sub-units being received a repeated number of times within a repetition cycle, and to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block. However, Claim 8 of U.S. Patent No. 11,489,549 does not recite of performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form the composite sub-unit to recover the transport block. Claim 8 of U.S. Patent No. 11, 489,549 does not recite the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block.
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6), the repeated number of times being a predetermined function of a number of repetitions of the encoded data block (NRep, a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraphs 0016 – 0017),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy and to have the repeated number of times be a predetermined function of a number of repetitions of the encoded data block so as to perform repetition transmission.
Re claim 10,
Claim 9 of U.S. Patent No. 11,489,549 recites of an infrastructure equipment of a mobile communications network configured to transmit signals to a communications device, the infrastructure equipment comprising: transmitter circuitry configured to transmit signals to the communications device in accordance with a wireless access interface, and controller circuitry configured to control the transmitter circuitry to transmit data via a downlink of the wireless access interface, and the controller circuitry is configured in a combination with the transmitter circuitry: to divide an encoded transport block of data into a plurality of sub-units for transmission in a plurality of the time-divided units and one or more of frequency resources of the wireless access interface allocated to the communications device, to transmit each sub-unit a repeated number of times within a repetition cycle, and to transmit each sub-unit the repeated number of times in one or more subsequent repetition cycles, each sub-unit being transmitted the repeated number of times whereby the communications device can combine the same sub-unit within each repetition cycle to form a composite sub-unit for each of the repetition cycles for recovering the transport block. However, Claim 1 of U.S. Patent No. 11,489,549 does not recite of performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form the composite sub-unit to recover the transport block. Claim 1 of U.S. Patent No. 11, 489,549 does not recite the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block.
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6), the repeated number of times being a predetermined function of a number of repetitions of the encoded data block (a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraphs 0016 – 0017),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy and to have the repeated number of times be a predetermined function of a number of repetitions of the encoded data block so as to perform repetition transmission.
Re claim 11,
Claim 10 of U.S. Patent No. 11,489,549 recites of wherein one or more of the composite sub-units from different repetition cycles can be combined when decoding to recover the transport block.
Re claim 12,
Claim 11 of U.S. Patent No. 11,489,549 recites of wherein the repeated number of times of transmission of the sub-units is dynamically configured.
Re claim 13,
Claim 12 of U.S. Patent No. 11,489,549 recites of comprising receiver circuitry configured to receive signals transmitted by the infrastructure equipment wherein the receiver circuitry is configured to receive an indication of the repeated number of times of transmission of the sub-units dynamically configured by the communications device.
Re claim 14,
Claim 13 of U.S. Patent No. 11,489,549 recites of wherein the indication of the repeated number of times of transmission of the sub-units received from the communications device is in response to a channel status for receiving the signals transmitted by the transmitter circuitry at the communications device.
Re claim 15,
Claim 14 of U.S. Patent No. 11,489,549 recites of wherein the repeated number of times of transmission of the sub-units is predetermined.
Re claim 16,
Claim 15 of U.S. Patent No. 11,489,549 recites of wherein the repeated number of times of transmission of each sub-unit is different for different repetition cycles.
Re claim 17,
Claim 16 of U.S. Patent No. 11,489,549 recites of wherein an order of transmission of the sub-units within the first repetition cycle is different to an order of transmission within one or more of the subsequent repetition cycles.
Re claim 18,
Claim 17 of U.S. Patent No. 11,489,549 recites of wherein the sub-units in each repetition cycle are scrambled before transmission, the sub-units in one repetition cycle having a different scrambling sequence applied to them during the scrambling than sub-units in a subsequent repetition cycle.
Re claim 19,
Claim 18 of U.S. Patent No. 11,489,549 recites of wherein data symbols of the sub-units in each repetition cycle are precoded by multiplying the data symbols with a weighting vector before transmission from the antenna ports of the transmitter circuitry, the sub- units in one repetition cycle having a different weight vector than sub-units in a subsequent repetition cycle.
Claims 4 and 7 – 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 10 – 12 of U.S. Patent No. 9,866,247 in view of Yamamoto.
Re claim 4,
Claim 1 of U.S. Patent No. 9,866,247 recites of a communications device comprising a receiver circuitry configured to receive signals transmitted by an infrastructure equipment of a wireless communications network in accordance with a wireless access interface provided by the infrastructure equipment, and a controller circuitry configured to control the receiver to receive data via a downlink of the wireless access interface, wherein the wireless access interface includes communications resources for allocation to the communications device on the downlink, the communications resources comprising frequency resources, and time resources in which the wireless access interface is divided into predetermined time-divided units and the controller is configured in combination with the receiver to receive a plurality of sub-units of an encoded transport block of data in a plurality of time- divided units within frequency resources of the wireless access interface allocated to the communications device, each of the sub-units being received a repeated number of times within a repetition cycle, and to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block. However, Claim 1 of U.S. Patent No. 9,866,247 does not recite of performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form the composite sub-unit to recover the transport block. Claim 1 of U.S. Patent No. 11, 489,549 does not recite the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block.
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6), the repeated number of times being a predetermined function of a number of repetitions of the encoded data block (NRep, a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraphs 0016 – 0017),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy and to have the repeated number of times be a predetermined function of a number of repetitions of the encoded data block so as to perform repetition transmission.
Re claim 7,
Claims 1 and 10 of U.S. Patent No. 9,866,247 recite of the communications device in which the communications device is configured to transmit to the infrastructure equipment a relative capability of the communications device, the relative capability being a capability of the communications device to combine repeated transmissions, and to receive an indication from the infrastructure equipment of the one or more of the repeated number of times of transmission of the sub units in accordance with the relative capability of the communications device.
Re claim 8,
Claim 11 of U.S. Patent No. 9,866,247 recites of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to each of a combination of the current combined composite sub-units and a composite sub- unit formed from a next one or more of the one or more subsequent repetition cycles.
Re claim 9,
Claim 12 of U.S. Patent No. 9,866,247 recites of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to the sub-units of a next one or more of the subsequent repetition cycle being received.
Claims 4 – 5 and 7 – 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 5 and 11 – 14 of U.S. Patent No. 10,992,328 in view of Sun et al (US 2015/0270931) (Sun(1)) and further in view of Yamamoto.
Re claim 4,
Claim 1 of U.S. Patent No. 10,992,328 recites of a communications device comprising: receiver circuitry configured to receive signals transmitted in accordance with a wireless access interface, and controller circuitry configured to control the receiver circuitry to receive data via a downlink of the wireless access interface, wherein the wireless access interface includes communications resources for allocation to the communications device on the downlink, the communications resources including frequency resources, and time resources in which the wireless access interface is divided into predetermined time-divided units (single physical resource block, Line16) and the controller circuitry is configured in combination with the receiver circuitry: to receive a plurality of sub-units of an encoded transport block of data in a plurality of time-divided units within frequency resources of the wireless access interface allocated to the communications device, each of the sub-units being received a repeated number of times within a repetition cycle, and to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block. However, claim 1 of U.S. Patent No. 10,992,328 does not specifically recite of Claim 1 of U.S. Patent No. 10,992,328 does not recite the receive signals are transmitted by an infrastructure equipment of a wireless communications network in accordance with a wireless access interface provided by the infrastructure equipment. Claim 1 of U.S. Patent No. 10,992,328 does not recite of performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form the composite sub-unit to recover the transport block. Claim 1 of U.S. Patent No. 10,992,328 does not recite the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block.
Sun(1) teaches of a communications device (#103, #110, UE, Fig.1 and Paragraphs 0025 and 0031) comprising a receiver circuitry configured to receive signals transmitted by an infrastructure equipment (#101, Fig.1 and Paragraph 0024) of a wireless communications network (Fig.1) in accordance with a wireless access interface (LTE, Paragraphs 0027 – 0031) provided by the infrastructure equipment (#101, Fig.1 and Paragraph 0024).
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6), the repeated number of times being a predetermined function of a number of repetitions of the encoded data block (NRep, a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraphs 0016 – 0017).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the receive signals transmitted by an infrastructure equipment of a wireless communications network to perform cellular communication. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy and to have the repeated number of times be a predetermined function of a number of repetitions of the encoded data block so as to perform repetition transmission.
Re claim 5,
Claims 2 – 5 of U.S. Patent No. 10,992,328 recite of wherein the repetition cycle is a first repetition cycle and the repeated number of times each sub-unit is transmitted in the first repetition cycle is a first repeated number of times and the receiver circuitry is configured: to receive each sub-unit a repeated number of times in one or more subsequent repetition cycles, for each of the one or more subsequent repetition cycles to receive each of the sub-units the repeated number of times within the repetition cycle, to combine symbols of the same sub-unit received the repeated number of times for the sub-unit to form for the repetition cycle a composite sub-unit, and to recover the transport block from the composite sub-units by combining the composite sub-units formed from different repetition cycles when decoding.
Re claim 7,
Claims 11 – 12 of U.S. Patent No. 10,992,328 recite of the communications device configured to transmit to the infrastructure equipment a relative capability of the communications device, the relative capability being a capability of the communications device to combine repeated transmissions, and to receive an indication from the infrastructure equipment of the one or more of the repeated number of times of transmission of the sub units in accordance with the relative capability of the communications device.
Re claim 8,
Claim 13 of U.S. Patent No. 10,992,328 recite of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to each of a combination of the current combined composite sub-units and a composite sub- unit formed from a next one or more of the one or more subsequent repetition cycles.
Re claim 9,
Claim 14 of U.S. Patent No. 10,992,328 recite of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller circuitry subsequently to the sub-units of a next one or more of the subsequent repetition cycle being received.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al (US 2015/0270931) (Sun(1)) in view of Sun et al (US 2015/0341956) (Sun(2)) and further in view of Yamamoto et al (US 2017/0318411).
Re claim 4, Sun(1) teaches of a communications device (#103, #110, UE, Fig.1 and Paragraphs 0025 and 0031) comprising a receiver circuitry configured to receive signals transmitted by an infrastructure equipment (#101, Fig.1 and Paragraph 0024) of a wireless communications network (Fig.1) in accordance with a wireless access interface provided by the infrastructure equipment (LTE, Paragraphs 0027 – 0031), and a controller circuitry (controller, Paragraph 0025) configured to control the receiver to receive data via a downlink of the wireless access interface (BS to UE, Fig.1), wherein the wireless access interface includes communications resources for allocation to the communications device on the downlink, the communications resources comprising frequency resources (OFDM subcarriers, Paragraphs 0027 – 0028), and time resources (OFDM symbols, Paragraphs 0027 – 0028) in which the wireless access interface is divided into predetermined time-divided units (the frame is divided into subframes, Abstract, Paragraphs 0040 – 0044 and Figures 2 – 4) and the controller circuitry is configured in combination with the receiver circuitry to: receive a plurality of sub-units (#214, #213 in subframe #240 or subunits #215 in subframe #240, Fig.2) of an encoded transport block of data in a plurality of time-divided units (subframes, Abstract, Paragraphs 0040 – 0044 and Figures 2 – 4) within frequency resources of the wireless access interface allocated to the communications device (PRB, #210 or PRB, #230, Fig.2, Paragraph 0043, PRB, where a PRB is defined as consisting of 12 consecutive subcarriers for one slot), each of the sub-units (#214, #213, Fig.2 or #215, Fig.2) being received a repeated number of times within a repetition cycle (…same PRB-pair over subframes…, Paragraph 0044 and retransmission, Paragraph 0041), the repeated number of times being a function of a number of repetitions of the encoded transport block (a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraph 0044), and to combine the same sub-unit (for example #214 with #224, Fig.2 or #215 with #225, Fig.2 and Paragraph 0043) received the repeated number of times to form a composite sub-unit (#414, Fig.4A) to recover the data channel (control and data channel decoding, Paragraphs 0035 – 0036). However, Sun(1) does not specifically teach of the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block and performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover a transport block. Sun(1) further teaches of combining a same subframe (combining nk subframes, Fig.4A and Paragraph 0047) received the repeated number of times to form a composite subframe (#414, Fig.4A). Therefore, one skilled in the art, would have combined every same subunit as taught in Fig.2 of Sun(1) to form the composite subframe as taught in Fig.4 of Sun(1) to effectively decode the control channel.
Sun(2) teaches of detecting the subframe for decoding the DCI for recovering the transport block (Paragraphs 0007, 0028 and 0037 – 0039). Sun(2) further teaches of the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block (set of pre-defined repetition levels, Paragraphs 0047 – 0048, Fig. 4C).
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined same sub-unit form a composite subunit in a composite subframe for improved receiver performance. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have efficiently recovered a transport block based on a predetermined function of a number of repetitions of the encoded transport block and based on the combining the repetitions so as to conform to the 3GPP LTE standards. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy.
Re claim 5, Sun(1) teaches of wherein the repetition cycle is a first repetition cycle and the repeated number of times each sub-unit is transmitted in the first repetition cycle is a first repeated number of times (a number or repetitions, Fig.2, Fig.4A and Paragraph 0054) and the receiver is configured to receive each sub-unit a repeated number of times (set of #214 with #224, Fig.2 and Paragraph 0043) in one or more subsequent repetition cycles (new and previous cycle, Paragraph 0054), for each of the one or more subsequent repetition cycles to receive each of the sub-units the repeated number of times within the repetition cycle (a number or repetitions, Fig.4A and Paragraph 0054), to combine symbols of the same sub-unit (for example #214 with #224, Fig.2 or #215 with #225, Fig.2 and Paragraph 0043) received the repeated number of times for the sub-unit to form for the repetition cycle a composite sub-unit (#414, Fig.4A), and to recover the transport block from the composite sub-units by combining the composite sub-units formed from different repetition cycles when decoding (control and data channel decoding, Paragraphs 0035 – 0036).
Re claim 6, Sun(1), Sun(2)and Yamamoto teach all the limitations of claim 4 as well as Sun(1) teaches of the controller circuitry is configured in combination with the receiver to decode the transport block formed from the composite sub-units received from the first repetition cycle (composite subunits as discussed above in claim 1), to detect whether the transport block has been successfully decoded, and if successfully decoded to output the transport block (successfully decoding, Paragraph 0054), or if not successfully decoded to combine the composite sub-units formed from the one or more subsequent repetition cycles with the sub-units received from the first repetition cycle (Paragraph 0054, a new transmission is combined with a previous one when the decoding of the data channel has failed), and to decode the combined composite units of the transport block (control and data channel decoding, Paragraphs 0035 – 0036). Sun(2) further teaches of wherein the transport block has been encoded with an error correction and/or detection code (detection code, Paragraph 0008).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have encoded the transport block with a detection code so as to detect the transport block to the intended UE.
Re claim 7, Sun(1) teaches of the communications device in which the communications device is configured to transmit to the infrastructure equipment a relative capability of the communications device (ACK signal, Paragraphs 0049 – 0054), the relative capability being a capability of the communications device to combine repeated transmissions, and to receive an indication from the infrastructure equipment of the one or more of the repeated number of times of transmission of the sub units in accordance with the relative capability of the communications device (successfully decoding the control and data channel by the combined repeated transmissions , Paragraphs 0049 – 0054).
Re claim 8, Sun(1) teaches of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller subsequently to each of a combination of the current combined composite sub-units and a composite sub-unit formed from a next one or more of the one or more subsequent repetition cycles (Paragraph 0054).
Re claim 9, Sun(1) teaches of wherein the detecting whether the transport block has been successfully decoded is configured to be carried out by the controller subsequently to the sub-units of a next one or more of the subsequent repetition cycle being received (decoding the transport block of a failed attempt of a current transmission by combination the transmission with a next transmission, Paragraph 0054).
Re claim 10, Sun(1) teaches of an infrastructure equipment (#101, Fig.1 and Paragraph 0024) of a mobile communications network (Fig.1)configured to transmit signals to a communications device (#103, #110, UE, Fig.1 and Paragraphs 0025 and 0031), the infrastructure equipment comprising a transmitter circuitry configured to transmit signals to the communications device in accordance with a wireless access interface (BS to UE, Fig.1), and a controller (controller, Paragraph 0025) configured to control the transmitter circuitry to transmit data via a downlink of the wireless access interface (BS to UE, Fig.1), and the controller circuitry is configured in a combination with the transmitter to divide an encoded transport block of data into a plurality of sub-units for transmission in a plurality of the time-divided units (dividing the frame into subframes, Abstract, Paragraphs 0040 – 0044 and Figures 2 – 4) and one or more of frequency resources of the wireless access interface allocated to the communications device (PRB, #210 or PRB, #230, Fig.2, Paragraph 0043, PRB, where a PRB is defined as consisting of 12 consecutive subcarriers for one slot), to transmit each sub-unit (#214, #213, Fig.2 or #215, Fig.2) a repeated number of times within a repetition cycle (…same PRB-pair over subframes…, Paragraph 0044 and retransmission, Paragraph 0041), the repeated number of times being a function of a number of repetitions of the encoded transport block (a number of retransmissions indicate a number of times the encoded transport block is transmitted, Paragraph 0044), and to transmit each sub-unit the repeated number of times in one or more subsequent repetition cycles (new and previous cycle, Paragraph 0054), each sub-unit being transmitted the repeated number of times whereby the communications device can combine the same sub-unit (for example #214 with #224, Fig.2 or #215 with #225, Fig.2 and Paragraph 0043) within each repetition cycle to form a composite sub-unit for each of the repetition cycles (#414, Fig.4A) for recovering the data block (control and data channel decoding, Paragraphs 0035 – 0036). However, Sun(1) does not specifically teach of the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block and performing cross subframe channel estimation and symbol combining to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover a transport block. Sun(1) further teaches of combining a same subframe (combining nk subframes, Fig.4A and Paragraph 0047) received the repeated number of times to form a composite subframe (#414, Fig.4A). Therefore, one skilled in the art, would have combined every same subunit as taught in Fig.2 of Sun(1) to form the composite subframe as taught in Fig.4 of Sun(1) to effectively decode the control channel.
Sun(2) teaches of detecting the subframe for decoding the DCI for recovering the transport block (Paragraphs 0007, 0028 and 0037 – 0039). Sun(2) further teaches of the repeated number of times being a predetermined function of a number of repetitions of the encoded transport block (set of pre-defined repetition levels, Paragraphs 0047 – 0048, Fig. 4C).
Yamamoto teaches of performing cross subframe channel estimation and symbol combining (cross subframe channel estimation and symbol combining, Paragraph 0016) to combine the same sub-unit received the repeated number of times to form a composite sub-unit to recover the transport block (Fig.6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined same sub-unit form a composite subunit in a composite subframe for improved receiver performance. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have efficiently recovered a transport block based on a predetermined function of a number of repetitions of the encoded transport block and based on the combining the repetitions so as to conform to the 3GPP LTE standards. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have performing cross subframe channel estimation and symbol combining for improving channel estimation accuracy.
Re claim 11, Sun(1) teaches of wherein one or more of the composite sub-units from different repetition cycles (a number or repetitions, Fig.2, Fig.4A and Paragraph 0054) can be combined when decoding to recover the transport block (control and data channel decoding, Paragraphs 0035 – 0036).
Re claim 12, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 as well as Sun(2) teaches of wherein the repeated number of times of transmission of the sub-units is dynamically configured (dynamically configured based on the estimated path loss, Paragraph 0067).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have dynamically configured the repeated number of times of transmission of the sub-units for efficient data transmissions.
Re claim 13, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 as well as Sun(2) teaches of comprising a receiver configured to receive signals transmitted by the infrastructure equipment wherein the receiver is configured to receive an indication of the repeated number of times of transmission of the sub-units dynamically configured by the communications device (by high layer, Paragraph 0047).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have received an indication of the repeated number of times of transmission of the sub-units dynamically configured by the communications device so as to configure the number of repeated transmissions.
Re claim 14, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 13 as well as Sun(2) teaches of wherein the indication of the repeated number of times of transmission of the sub-units received from the communications device is in response to a channel status for receiving the signals transmitted by the transmitter at the communications device (estimated path loss, Paragraphs 0047 and 0067).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the indication of the repeated number of times of transmission of the sub-units received from the communications device in response to a channel status for reliable data transmissions.
Re claim 15, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 as well as Sun(2) teaches of wherein the repeated number of times of transmission of the sub-units is predetermined (claim 28 of Sun(2)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the repeated number of times of transmission of the sub-units to be predetermined so as faster retransmissions.
Re claim 16, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 as well as Sun(2) teaches of wherein the repeated number of times of transmission of each sub-unit is different for different repetition cycles (according to the estimated path loss, Paragraphs 0047 and 0067).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the repeated number of times of transmission of each sub-unit to be different for different repetition cycles due to the different channel conditions for efficient retransmissions.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sun(1), Sun(2) and Yamamoto in view of Liu et al (US 2017/0214492).
Re claim 17, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 except of wherein an order of transmission of the sub-units within the first repetition cycle is different to an order of transmission within one or more of the subsequent repetition cycles.
Liu teaches of an order of transmission of the sub-units within the first repetition cycle is different to an order of transmission within one or more of the subsequent repetition cycles (retransmitted in a time hopping pattern, Paragraph 0082).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a different order of transmission within one or more of the subsequent repetition cycles for reducing interference and fading in signal transmission.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Sun(1), Sun(2) and Yamamoto in view of Lampinen et al (US 2017/0048014).
Re claim 18, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 except of wherein the sub-units in each repetition cycle are scrambled before transmission, the sub-units in one repetition cycle having a different scrambling sequence applied to them during the scrambling than sub-units in a subsequent repetition cycle.
Lampinen teaches of sub-units in each repetition cycle are scrambled before transmission, the sub-units in one repetition cycle having a different scrambling sequence applied to them during the scrambling than sub-units in a subsequent repetition cycle (different scrambling sequence is produced for each of the repeated subframe, Paragraph 0028).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied a different scrambling sequence for each repetition to maximize radio coverage and reduce interference.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Sun(1), Sun(2) and Yamamoto in view of Hoshino et al (US 2013/0094349).
Re claim 19, Sun(1), Sun(2) and Yamamoto teach all the limitations of claim 10 except of wherein data symbols of the sub-units in each repetition cycle are precoded by multiplying the data symbols with a weighting vector before transmission from the antenna ports of the transmitter, the sub-units in one repetition cycle having a different weight vector than sub-units in a subsequent repetition cycle.
Hoshino teaches of wherein data symbols of the sub-units in each repetition cycle are precoded by multiplying the data symbols with a weighting vector before transmission from the antenna ports of the transmitter (precoding vector as weighting, Paragraph 0178), the sub-units in one repetition cycle having a different weight vector than sub-units in a subsequent repetition cycle (Paragraphs 0096 – 0097 and Fig.6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the data symbols of the sub-units in each repetition cycle are precoded by different weighting vectors before transmission from the antenna ports of the transmitter for optimum retransmissions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARISTOCRATIS FOTAKIS whose telephone number is (571)270-1206. The examiner can normally be reached M-F 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam K Ahn can be reached on (571) 272-3044. 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.
/ARISTOCRATIS FOTAKIS/
Primary Examiner, Art Unit 2633