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 Rejections - 35 USC § 101
1. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding Claim 14, the claim is directed towards “a computer readable storage medium” storing a computer program comprising instructions causing processing circuitry to one or both control and perform a method.
The specification on (Pg. 46 i.e., first paragraph) does not limit the “computer-readable storage medium” as being only “non-transitory”. For example (Pg. 46 i.e., first paragraph) of the applicants specification discloses i.e., “A storage medium may comprise at least one of a memory, which may be volatile or non-volatile, a buffer, a cache, an optical disk, magnetic memory, flash memory, etc.”
Therefore (Pg. 46 i.e., first paragraph) of the applicants specification does not limit the “computer readable storage medium” as being only “non-transitory” since it is open ended or non-limiting based on the terms “may”, “etc.”. Thus, with broadest reasonable interpretation, the claimed “computer readable storage medium” can cover non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se which does not fall within any of the statutory categories. (See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (software per se and transitory embodiments are not directed to statutory subject matter) (see MPEP 2106.03, I and II). For the reasons explained, independent claim 14 is rejected under 35 U.S.C. 101 as covering non-statutory subject matter.
In order for the apparatus in claim 14 to be considered statutory, claim 14 should be directed towards a “non-transitory computer readable storage medium”.
Double Patenting
2. 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 1-4, 8, 14, and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 8 of copending Application No. 18/557,105 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application’s claims merely broaden the scope of the copending applications claims by not claiming certain claim elements. The applications claims are nearly identical in every other aspect to the copending applications claims. It is the examiners position that broadening the copending applications claims by not claiming certain claim elements of the copending applications claims would have been obvious to one of ordinary skill in the art in view of the copending applications claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
3. Claims 1-6, 8, 10-11, 13-14, 16-17, 19, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al. US (2021/0044372).
Regarding Claim 1, Yang discloses a method of operating a transmitting radio node (see Para [0012-0013] i.e., either UE or base station may be a transmitting radio node) in a wireless communication network, the method comprising: transmitting data signaling on multiple layers (see Fig. 11C & Para’s [0012-0013] & [0092-0094] i.e., layers), on each layer there is transmitted a sequence of samples representing data (see Fig. 11C i.e., Data signals & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), samples representing phase tracking reference signaling (PT-RS) being inserted into the sequence of samples in one or more groups (see Fig. 11C i.e., PTRS signals or samples S1-S4 (i.e., “group”) and S5-S8 (i.e., “group”) & Para [0093] i.e., sample signals (PTRSs) in the chunk block (i.e., “group”), since there are four PTRS samples in each block (i.e., “one or more groups”)), each group representing a PT-RS sample sequence, (see Fig. 11C i.e., PTRS signals S1-S4 and S5-S8 & Para’s [0093] i.e., sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block)
and groups of PT-RS of different layers being shifted relative to each other, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para [0015]) and “A PT-RS sample may be shifted relative to one another based on an orthogonal cover code, wherein the orthogonal cover code may be associated to the layer the PT-RS sample sequences is transmitted on” i.e., (see Para [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092]) , (Yang, see Fig. 11C i.e., OCC W1 is applied to the PTRS groups in layer #1 and OCC W2 is applied to the PTRS groups in layer #2 for achieving orthogonality between the groups (i.e., groups of PT-RS of different layers are shifted based on using different orthogonal cover codes W1 and W2) & Para’s [0093] i.e., assigning the orthogonal cove code between the sample signals PTRSs in the chunk block, since there are four PTRS samples in each block, two OCCs may be selected from among OCCs having a length of 4 and may be applied to two UEs or two layers…For example, among W={w(1), w(2), w(3), w(4), first two w(1) and w(2) may be selected and applied to each UE or each layer. In this case, a PTRS transmission signal of UE#1 or layer #1 may be such that a first block is [+1+1+1+1]…[S(1), s(2), s(3), s(4)] and a second block is [+1,+1,+1,+1]…[s(5), s(6), s(7), s(8)], and a PTRS transmissions signal of UE#2 or layer #2 may be such that a first block is [+1,-1,+1,-1]…[S(1), -s(2), s(3), -s(4)] and a second block is [+1,-1,+1,-1]…[s(5), -s(6), s(7), -s(8)] & [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer)
Regarding Claim 2, Yang discloses a transmitting radio node (see Fig.’s 15-16 & Para [0012-0013] i.e., either UE or base station may be a transmitting radio node) for a wireless communication network, the transmitting radio node configured to: transmit data signaling on multiple layers (see Fig. 11C & Para’s [0012-0013] & [0092-0094] i.e., layers), on each layer there is transmitted a sequence of samples representing data (see Fig. 11C i.e., Data signals & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), samples representing phase tracking reference signaling (PT-RS) being inserted into the sequence of samples in one or more groups (see Fig. 11C i.e., PTRS signals or samples S1-S4 (i.e., “group”) and S5-S8 (i.e., “group”) & Para [0093] i.e., sample signals (PTRSs) in the chunk block (i.e., “group”), since there are four PTRS samples in each block (i.e., “one or more groups”)), each group representing a PT-RS sample sequence, (see Fig. 11C i.e., PTRS signals S1-S4 and S5-S8 & Para’s [0093] i.e., sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block)
and groups of PT-RS of different layers being shifted relative to each other, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para [0015]) and “A PT-RS sample may be shifted relative to one another based on an orthogonal cover code, wherein the orthogonal cover code may be associated to the layer the PT-RS sample sequences is transmitted on” i.e., (see Para [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092]) , (Yang, see Fig. 11C i.e., OCC W1 is applied to the PTRS groups in layer #1 and OCC W2 is applied to the PTRS groups in layer #2 for achieving orthogonality between the groups (i.e., groups of PT-RS of different layers are shifted based on using different orthogonal cover codes W1 and W2) & Para’s [0093] i.e., assigning the orthogonal cove code between the sample signals PTRSs in the chunk block, since there are four PTRS samples in each block, two OCCs may be selected from among OCCs having a length of 4 and may be applied to two UEs or two layers…For example, among W={w(1), w(2), w(3), w(4), first two w(1) and w(2) may be selected and applied to each UE or each layer. In this case, a PTRS transmission signal of UE#1 or layer #1 may be such that a first block is [+1+1+1+1]…[S(1), s(2), s(3), s(4)] and a second block is [+1,+1,+1,+1]…[s(5), s(6), s(7), s(8)], and a PTRS transmissions signal of UE#2 or layer #2 may be such that a first block is [+1,-1,+1,-1]…[S(1), -s(2), s(3), -s(4)] and a second block is [+1,-1,+1,-1]…[s(5), -s(6), s(7), -s(8)] & [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer)
Regarding Claim 3, Yang discloses a method of operating a receiving radio node (see Para [0012-0013] i.e., either UE or base station may be a receiving radio node) in a wireless communication network, the method comprising receiving data signaling on multiple layers (see Fig. 11C & Para’s [0012-0013] & [0092-0094] i.e., layers), on each layer there is transmitted a sequence of samples representing data (see Fig. 11C i.e., Data signals & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), samples representing phase tracking reference signaling (PT-RS) being inserted into the sequence of samples in one or more groups (see Fig. 11C i.e., PTRS signals or samples S1-S4 (i.e., “group”) and S5-S8 (i.e., “group”) & Para [0093] i.e., sample signals (PTRSs) in the chunk block (i.e., “group”), since there are four PTRS samples in each block (i.e., “one or more groups”)), each group representing a PT-RS sample sequence, (see Fig. 11C i.e., PTRS signals S1-S4 and S5-S8 & Para’s [0093] i.e., sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block)
and groups of PT-RS of different layers being shifted relative to each other, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para [0015]) and “A PT-RS sample may be shifted relative to one another based on an orthogonal cover code, wherein the orthogonal cover code may be associated to the layer the PT-RS sample sequences is transmitted on” i.e., (see Para [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092]) , (Yang, see Fig. 11C i.e., OCC W1 is applied to the PTRS groups in layer #1 and OCC W2 is applied to the PTRS groups in layer #2 for achieving orthogonality between the groups (i.e., groups of PT-RS of different layers are shifted based on using different orthogonal cover codes W1 and W2) & Para’s [0093] i.e., assigning the orthogonal cove code between the sample signals PTRSs in the chunk block, since there are four PTRS samples in each block, two OCCs may be selected from among OCCs having a length of 4 and may be applied to two UEs or two layers…For example, among W={w(1), w(2), w(3), w(4), first two w(1) and w(2) may be selected and applied to each UE or each layer. In this case, a PTRS transmission signal of UE#1 or layer #1 may be such that a first block is [+1+1+1+1]…[S(1), s(2), s(3), s(4)] and a second block is [+1,+1,+1,+1]…[s(5), s(6), s(7), s(8)], and a PTRS transmissions signal of UE#2 or layer #2 may be such that a first block is [+1,-1,+1,-1]…[S(1), -s(2), s(3), -s(4)] and a second block is [+1,-1,+1,-1]…[s(5), -s(6), s(7), -s(8)] & [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer)
Regarding Claim 4, Yang discloses a receiving radio node (see Fig.’s 15-16 & Para [0012-0013] i.e., either UE or base station may be a receiving radio node) for a wireless communication network, the receiving radio node configured to: receive data signaling on multiple layers (see Fig. 11C & Para’s [0012-0013] & [0092-0094] i.e., layers), on each layer there is transmitted a sequence of samples representing data (see Fig. 11C i.e., Data signals & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), samples representing phase tracking reference signaling (PT-RS) being inserted into the sequence of samples in one or more groups (see Fig. 11C i.e., PTRS signals or samples S1-S4 (i.e., “group”) and S5-S8 (i.e., “group”) & Para [0093] i.e., sample signals (PTRSs) in the chunk block (i.e., “group”), since there are four PTRS samples in each block (i.e., “one or more groups”)), each group representing a PT-RS sample sequence, (see Fig. 11C i.e., PTRS signals S1-S4 and S5-S8 & Para’s [0093] i.e., sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block)
and groups of PT-RS of different layers being shifted relative to each other, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para [0015]) and “A PT-RS sample may be shifted relative to one another based on an orthogonal cover code, wherein the orthogonal cover code may be associated to the layer the PT-RS sample sequences is transmitted on” i.e., (see Para [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092]) , (Yang, see Fig. 11C i.e., OCC W1 is applied to the PTRS groups in layer #1 and OCC W2 is applied to the PTRS groups in layer #2 for achieving orthogonality between the groups (i.e., groups of PT-RS of different layers are shifted based on using different orthogonal cover codes W1 and W2) & Para’s [0093] i.e., assigning the orthogonal cove code between the sample signals PTRSs in the chunk block, since there are four PTRS samples in each block, two OCCs may be selected from among OCCs having a length of 4 and may be applied to two UEs or two layers…For example, among W={w(1), w(2), w(3), w(4), first two w(1) and w(2) may be selected and applied to each UE or each layer. In this case, a PTRS transmission signal of UE#1 or layer #1 may be such that a first block is [+1+1+1+1]…[S(1), s(2), s(3), s(4)] and a second block is [+1,+1,+1,+1]…[s(5), s(6), s(7), s(8)], and a PTRS transmissions signal of UE#2 or layer #2 may be such that a first block is [+1,-1,+1,-1]…[S(1), -s(2), s(3), -s(4)] and a second block is [+1,-1,+1,-1]…[s(5), -s(6), s(7), -s(8)] & [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer)
Regarding Claim 5, Yang discloses the method according to claim 1, wherein locations of PT-RS sample sequences of different layers overlap, (see Fig. 11C i.e., location of the PTRS sample signals S1-S4 and S5-8 transmitted on different layers & Para’s [0130] & [0136] i.e., When two or more PTRSs overlap at the position of the same resource in different layers, the controller 1620 may apply at least one of a Hadamard sequence and orthogonal phase rotation to the OCC)
Regarding Claim 6, Yang discloses the method according to claim 1,wherein PT-RS sample sequences of different layers with overlapping locations are shifted relative to each other, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para’s [0015] & [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092]) (see Yang, Para’s [0093] i.e., OCCs may be selected from among OCCs and may be applied to two layers…w(1) and w(2) may be selected and applied to each layer, [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups or sample sequences) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer, [0130], & [0136] i.e., When two or more PTRSs overlap at the position of the same resource in different layers, the controller 1620 may apply at least one of a Hadamard sequence and orthogonal phase rotation to the OCC)
Regarding Claim 8, Yang discloses the method according to claim 1,wherein PT-RS sample sequences are shifted relative to each other based on an orthogonal cover code. (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para’s [0015] & [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092])), (Yang, see Fig. 11C & Para’s [0093] i.e., OCCs may be selected from among OCCs and may be applied to two layers…w(1) and w(2) may be selected and applied to PTRS signals transmitted on each layer, [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups or sample sequences) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer)
Regarding Claim 10, Yang discloses the method according to claim 1, wherein a PT-RS sample sequence is shifted relative to another based on an orthogonal cover code (see Fig. 11C & Para’s [0093-0094]), wherein the orthogonal cover code is associated to an antenna port associated to the layer the PT-RS sample sequences is transmitted on, (see Fig. 11C & Para’s [0051] i.e., layers to which the PTRS ports are respectively allocated, [0055], [0070] i.e., PTRS ports for two layers, [0093] i.e., OCCs may be selected from among OCCs and may be applied to two layers…w(1) and w(2) may be selected and applied to PTRS signals transmitted on each layer, [0077], [0113], & [0129-0130])
Regarding Claim 11, Yang discloses the method according to claim 1, wherein a PT-RS sample sequence is shifted relative to another based on an orthogonal cover code (see Fig. 11C & Para [0093-0094] i.e., In the method for assigning the orthogonal code between the sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block, two OCCs may be selected from among OCCs and may be applied to two layers…w(1) and w(2) may be selected and applied to PTRS signals transmitted on each layer), wherein the orthogonal cover code is associated to the layer the PT-RS sample sequences is transmitted on, (see Para [0093] i.e., OCCs may be selected from among OCCs and may be applied to two layers…w(1) and w(2) may be selected and applied to PTRS signals transmitted on each layer)
Regarding Claim 13, Yang discloses the method according to claim 1,wherein PT-RS are inserted into a bit sequence, or a modulation symbol sequence, (see Fig. 5B i.e., modulation mapper for PTRS signal sequence will modulate the PTRS signal sequence (i.e., “modulation symbol sequence”), Fig. 11C i.e., PTRS signal sequence S1-S4 & Para’s [0004] i.e., QAM modulation, [0056] i.e., PTRS sequence, [0057], & [0093] i.e., PTRS sample signals)
Regarding Claim 14, Yang discloses a computer readable storage medium storing a computer program comprising instructions causing processing circuitry to one or both control and perform a method, the method comprising: transmitting data signaling on multiple layers (see Fig. 11C & Para’s [0012-0013] & [0092-0094] i.e., layers), on each layer there is transmitted a sequence of samples representing data (see Fig. 11C i.e., Data signals & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), samples representing phase tracking reference signaling (PT-RS) being inserted into the sequence of samples in one or more groups (see Fig. 11C i.e., PTRS signals or samples S1-S4 (i.e., “group”) and S5-S8 (i.e., “group”) & Para [0093] i.e., sample signals (PTRSs) in the chunk block (i.e., “group”), since there are four PTRS samples in each block (i.e., “one or more groups”)), each group representing a PT-RS sample sequence, (see Fig. 11C i.e., PTRS signals S1-S4 and S5-S8 & Para’s [0093] i.e., sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block)
and groups of PT-RS of different layers being shifted relative to each other, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para [0015]) and “A PT-RS sample may be shifted relative to one another based on an orthogonal cover code, wherein the orthogonal cover code may be associated to the layer the PT-RS sample sequences is transmitted on” i.e., (see Para [0018]) and “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences” i.e., (see Para [0092]) , (Yang, see Fig. 11C i.e., OCC W1 is applied to the PTRS groups in layer #1 and OCC W2 is applied to the PTRS groups in layer #2 for achieving orthogonality between the groups (i.e., groups of PT-RS of different layers are shifted based on using different orthogonal cover codes W1 and W2) & Para’s [0093] i.e., assigning the orthogonal cove code between the sample signals PTRSs in the chunk block, since there are four PTRS samples in each block, two OCCs may be selected from among OCCs having a length of 4 and may be applied to two UEs or two layers…For example, among W={w(1), w(2), w(3), w(4), first two w(1) and w(2) may be selected and applied to each UE or each layer. In this case, a PTRS transmission signal of UE#1 or layer #1 may be such that a first block is [+1+1+1+1]…[S(1), s(2), s(3), s(4)] and a second block is [+1,+1,+1,+1]…[s(5), s(6), s(7), s(8)], and a PTRS transmissions signal of UE#2 or layer #2 may be such that a first block is [+1,-1,+1,-1]…[S(1), -s(2), s(3), -s(4)] and a second block is [+1,-1,+1,-1]…[s(5), -s(6), s(7), -s(8)] & [0094] i.e., In addition, the method of Fig. 11C may be applied to four UEs or four layers. In the above case, four orthogonal sequences (i.e., orthogonalizing the PTRS groups) may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each UE or each layer)
Regarding Claim 16, the claim is directed towards a method which performs the same claim features as the method of claim 5. Therefore claim 16 is rejected as being anticipated by Yang for the same reasons as claim 5.
Regarding Claim 17, the claim is directed towards a method which performs the same claim features as the method of claim 6. Therefore claim 17 is rejected as being anticipated by Yang for the same reasons as claim 6.
Regarding Claim 19, the claim is directed towards a method which performs the same claim features as the method of claim 8. Therefore claim 19 is rejected as being anticipated by Yang for the same reasons as claim 8.
Regarding Claim 21, the claim is directed towards a method which performs the same claim features as the method of claim 10. Therefore claim 21 is rejected as being anticipated by Yang for the same reasons as claim 10.
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.
4. Claims 7, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. US (2021/0044372) in view of Luo et al. US (2020/0374075).
Regarding Claim 7, Yang discloses the method according to claim 1,wherein PT-RS sample sequences shifted relative to each other are based on the same base sequence, (In light of the applicants specification US (2024/0121052), “PT-RS sample sequences may be shifted relative to each other based on an orthogonal cover code”, i.e., (see Para’s [0015] & [0018])), (see Fig. 11C i.e., PTRS signals S1-S4 are transmitted on each layer #1 and #2 & Yang, see Para’s [0053-0055] i.e., the UE may generate a pseudo-random sequence, [0082] i.e., A PTRS signal may be generated as a pseudo-random Gold sequence which suggests a “base sequence” of the PTRS signal since the pseudo random Gold sequence will be generated based on a base sequence & Para’s [0093] i.e., OCCs may be selected from among OCCs and may be applied to two layers…w(1) and w(2) may be selected and applied to each layer, [0094] i.e., the method of Fig. 11C may be applied to four layers. In the above case, four orthogonal sequences may be generated and transmitted by differently applying the four OCCs to PTRS signals in blocks for each layer). While Yang discloses the PTRS signal may be generated as a pseudo-random Gold sequence which suggests a “base sequence” of the PTRS signal (see Para [0082]), Yang does not disclose the base sequence. However the claim feature would be rendered obvious in view of Luo et al. US (2020/0374075).
Luo discloses a PTRS which is generated based on the Gold sequence, the Gold sequence is generated based on m-sequences (i.e., “base sequence”) in the gold sequence (see Para’s [0004], [0097-0098] & [0172]).
(Luo suggests the gold sequence is generated based on two m-sequences (i.e., “base sequences”) for generating the Gold sequence (see Para’s [0097-0098]) in order to properly generate the PTRS signal for transmission, (see Para [0172])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the pseudo-random Gold sequence for the PTRS signals transmitted on each layer as disclosed in Yang to be generated based on the base sequences (i.e., m-sequences) used for generating the Gold sequence for a PTRS signal as disclosed in the teachings of Luo, which results in the PT-RS sample sequences shifted relative to each other to be based on the same base sequence, because the motivation lies in Luo that the gold sequence is generated based on two m-sequences (i.e., “base sequences”) for generating the Gold sequence in order to properly generate the PTRS signal for transmission.
Regarding Claim 12, Yang discloses the method according to claim 1, wherein the PT-RS samples sequences are determined based on one configured or configurable sequence, (see Fig. 11C & Para’s [0053] i.e., the UE may obtain parameter information about the generation of a PTRS sequence, [0054] i.e., the UE may generate a pseudo-random sequence by applying a parameter, & [0082] i.e., A PTRS signal may be generated as a pseudo-random Gold sequence). While Yang discloses the PTRS signal may be generated as a pseudo-random Gold sequence which suggests a “base sequence” of the PTRS signal (see Para [0082]), Yang does not disclose the base sequence. However the claim feature would be rendered obvious in view of Luo et al. US (2020/0374075).
Luo discloses a PTRS which is generated based on the Gold sequence, the Gold sequence is generated based on a configured m-sequence (i.e., “base sequence”) in the gold sequence (see Para’s [0004], [0097-0098] & [0172]).
(Luo suggests the gold sequence is generated based on two m-sequences (i.e., “base sequence”) for generating the Gold sequence (see Para’s [0097-0098]) in order to properly generate the PTRS signal for transmission, (see Para [0172])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the pseudo-random Gold sequence for the PTRS signals transmitted on each layer as disclosed in Yang to be determined and generated based on the configured base sequence (i.e., m-sequences) used for generating the Gold sequence for a PTRS signal as disclosed in the teachings of Luo, because the motivation lies in Luo that the gold sequence is generated based on two m-sequences (i.e., “base sequence”) for generating the Gold sequence in order to properly generate the PTRS signal for transmission.
Regarding Claim 18, the claim is directed towards a method which performs the same claim features as the method of claim 7. Therefore claim 18 is rejected as being obvious over the combination of Yang in view of Luo for the same reasons as claim 7.
5. Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. US (2021/0044372) in view of LI et al. US (2020/0015176).
Regarding Claim 9, Yang discloses the method according to claim 1, wherein a PT-RS sample sequence is associated to a DM-RS, (see Fig. 11C i.e., PT-RS sample sequence S1-S4 & Para’s [0010-0011] i.e., estimating a phase noise by receiving a DMRS and a PTRS to which an OCC is applied, [0044] i.e., since a PTRS is used to estimate a phase distortion between symbols in a slot based on a channel estimated using a DMRS, [0061-0062] i.e., a PTRS is associated with a DMRS port), but does not disclose a root sequence for the DM-RS. However the claim feature would be rendered obvious in view of LI et al. US (2020/0015176).
LI discloses a root sequence for or associated with a DM-RS port, (see Para’s [0046-0047] i.e., if one UE occupies two DMRS ports, the DMRS generating module is configured for generating two DMRS sequences, wherein, root sequences and cyclic shifts of the two DMRS sequences are the same, [0256] i.e., the root sequence with the two DMRS ports can be the same, [0258], & [0260]).
(LI suggests the root sequence is used for generating DMRS sequences for ensuring channel estimation accuracy, (see Para’s [0041], [0256], [0258], & [0260])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the DMRS which is associated with a PT-RS sample sequence as disclosed in Yang to include a root sequence for the DM-RS as disclosed in the teachings of LI who discloses a root sequence for or associated with a DM-RS port, which results in the PT-RS sample sequence being associated to a root sequence for the DM-RS, because the motivation lies in LI that the root sequence is used for generating DMRS sequences for ensuring channel estimation accuracy.
Regarding Claim 20, the claim is directed towards a method which performs the same claim features as the method of claim 9. Therefore claim 20 is rejected as being obvious over the combination of Yang in view of LI for the same reasons as claim 9.
Conclusion
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/ADNAN BAIG/Primary Examiner, Art Unit 2461