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 .
Response to Arguments
The rejection of claim 14 under 35 U.S.C. 101 has been withdrawn in view of the claim amendment.
Applicant's arguments filed April 20 2026 have been fully considered but they are not persuasive. In regards to the applicants arguments regarding the rejection of claim 1, as amended, under 35 U.S.C. 102(a)(2) as being anticipated by Yang (Of Record), the examiner respectfully disagrees. More specifically the applicant argues on (Pg. 10 of the remarks), that Yang fails to disclose the claim feature in claim 1 of “shifting groups of PT-RS sample sequences of different layers relative to each other”.
The applicant then states that the office action construes this to mean that PT-RS samples sequences are shifted relative to each other based on an orthogonal cover code (i.e., Pg. 10 of the remarks lines 12-13), which the examiner agrees as support for the claim feature of “shifting groups of PT-RS sample sequences of different layers relative to each other” in light of the applicants specification in (Para’s [0015], [0018], and [0092]) refers to “A PT-RS sample sequence may be shifted relative to another based on an orthogonal cover code, wherein the orthogonal cover code may be associated to the layer the PT-RS sample sequence is transmitted on (i.e., see Para’s [0015] & [0018] of the applicants specification). Para [0092] of the applicants specification also states “In general using shifted groups or sample sequences may correspond to orthogonalizing the groups or sample sequences”.
Referring to the teachings of Yang in (Fig. 11C & Para [0093]), Yang discloses “shifting groups of PT-RS sample sequences of different layers relative to each other” by assigning an orthogonal cover code associated with each layer the PT-RS sample sequence is transmitted on which results in orthogonalizing the PTRS groups or sample sequences (Yang, see Fig. 11C i.e., OCC w(1) used for Layer #1 and OCC w(2) used for Layer #2 & Para’s [0092-0093] i.e., In the method for assigning the orthogonal cover code between the sample signals (PTRSs) in the chunk block (i.e., “PT-RS sample sequence”), 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(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). For the reasons explained, Yang does disclose the claim feature in amended claim 1 of “shifting groups of PT-RS sample sequences of different layers relative to each other”.
The applicant states on Pg. 10 of the remarks, that the office action relies on Para [0018] of Yang for disclosing the claim feature of “shifting groups of PT-RS sample sequences of different layers relative to each other”, however the examiner respectfully disagrees as the office action did not rely on Para [0018] or Fig. 4 of Yang for disclosing the claim feature, but rather relied on (Fig. 11C & Para’s [0092-0094]) of Yang. Therefore the examiner respectfully disagrees with applicants arguments on Pg. 10 of the remarks with respect to Para’s [0018], [0049-0051] and Fig. 4 of Yang, as the examiner does not relay on the embodiment of Fig. 4 of Yang for disclosing the claim feature, but rather relied in the office action on the embodiment of Fig. 11C and Para’s [0092-0094] of Yang for disclosing the claim feature of “shifting groups of PT-RS sample sequences of different layers relative to each other”.
The applicant further states from (the bottom of Pg. 10- Pg. 11 of the remarks), that neither of the cited passages from Yang disclose orthogonality through shifting let alone “shifting groups of PTRS sample sequences of different layers relative to each other”, however the claim feature of “shifting groups of PT-RS sample sequences of different layers relative to each other” as recited in amended claim 1 does not claim “orthogonality”. However for the reasons explained above, applying the selected OCCs to PTRS groups on each layer as disclosed in Para [0093] of Yang, results in orthogonalizing the PTRS groups or sample sequences (i.e., see Yang, Para [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). For the reasons explained in light of the applicants specification, Yang does disclose the claim feature of “shifting groups of PT-RS sample sequences of different layers relative to each other” .
In regards to the applicants argument that Yang fails to disclose or suggest a sequence of samples representing a data sequence or a modulation sequence…the samples representing PT-RS signals being inserted into the sequence of samples in one or more groups” as recited in applicants claims, the examiner respectfully disagrees. Referring to Fig. 11C of Yang, the data signals between the PTRS signals samples S1-S4 and S5-S8 may reasonably be interpreted as a sequence of data samples representing a “data sequence”. In light of the applicants specification according to (Fig. 1 i.e., data samples between K PT-RS samples & Para [0010] discloses that data samples may represent bits e.g., bits of a data bit sequence). Therefore the data signals between the PTRS signals samples S1-S4 and S5-S8 in Fig. 11C of Yang may represent a data sequence.
In light of the applicants specification further in Para [0087] i.e., “for a data sequence, which may be representative of a data block, there may be X groups (or chunks) of PT-RS”. Therefore in light of the applicants specification in (Fig. 1 & Para [0087]), the data sequence may include the X groups (or chunks) of PT-RS. Therefore the entire signal including the data signals and PTRS signals in Fig. 11C of Yang may also be interpreted as the claimed “data sequence” in light of the applicants specification.
In regards to the applicants arguments regarding the claim feature of “the samples representing PT-RS signals being inserted into the sequence of samples in one or more groups”, referring to Fig. 11C, Yang discloses the samples representing PT-RS signals being inserted into the sequence of samples in one or more groups (Yang, see Fig. 11C i.e., PTRS signals S1-S4 (i.e., first group) and PTRS signals S5-S8 (i.e., second group) inserted into the sequence of data samples & Para’s [0092-0094]).
In regards to the applicants arguments on (Pg. 11 of the remarks), that at best, Yang, Fig. 11C describes PTRS samples arranged with chunk blocks. The applicant the argues that however, Yang’s chunk blocks are not tantamount or equivalent to groups of PT-RS sample sequences, as required by the claims. However the examiner respectfully disagrees. For example, in light of the applicants specification, Para [0087] discloses i.e., “there may be X groups (or chunks) of PT-RS, each with K adjacent samples”. Therefore chunks of PT-Rs may refer to groups in light of the applicants specification in Para [0087], and the chunk block of PT-RS samples disclosed in Yang may be a group, (Yang, 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”)).
In regards to the applicants arguments that nowhere in Yang is there any explicit disclosure that the chunk blocks are formed by inserting PT-RS samples into data or modulation symbol sample sequences nor is there any teachings or disclosure of each chunk block “representing a PT-RS sample sequence”, as recited in applicants claims, the examiner respectfully disagrees as claim 1 does not claim subject matter to the groups (i.e., “chunk blocks”) being formed by inserting PT-RS samples into the data or modulation symbol sample sequences. Rather claim 1 claims “the samples representing PT-RS being inserted into the sequence of samples in one or more groups”. Yang discloses PT-RS samples i.e., S1-S4 and S5-S8 being inserted into the sequence of samples representing the data sequence (Fig. 11C i.e., Data signals) in one or more chunk blocks (Yang, see Fig. 11C & Para [0093]).
In regards to the applicants argument that nor is there any teaching or disclosure of each chunk block “representing a PT-RS sample sequence”, the examiner respectfully disagrees as Yang discloses in Fig. 11C and Para [0093] i.e., the sample signals (PTRSs) in the chunk block, since there are four PTRS samples in each block. Therefore the PTRS sample signals S1-S4 in a respective chunk block (i.e., group) and PTRS sample signals S5-S8 in a respective chunk block (i.e., “group”) may represent a “PT-RS sample sequence” in each of the groups or chunk blocks.
For the reasons explained, the rejection of claim 1 as amended, is maintained under 35 U.S.C. § 102(a)(2) as being anticipated by Yang (Of Record). Independent claims 2-4 and 14 which have been amended to recite feature similar to amended claim 1, also remain rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Yang for the same reasons explained for claim 1 above. The dependent claims remain rejected over the prior art (Of Record) based on their dependence to the independent claims.
Double Patenting
3. 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
4. Claims 1-14 and 16-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the samples representing phase tracking reference signaling (PT-RS) being inserted into the sequence of samples in one or more groups" in lines 5-7. There is insufficient antecedent basis for this limitation in the claim as “the samples representing PT-RS” was not previously mentioned in the claim. Independent claims 2-4 and 14 which recite the same claim feature, are also rejected under 35 U.S.C. 112(b) for insufficient antecedent basis for the same reasons explained for claim 1. The dependent claims 5-13 and 16-21 are also rejected 35 U.S.C. 112(b) based on their dependence to the independent claims 1-4 and 14.
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.
5. 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), each layer transmitting a sequence of samples representing a data sequence or a modulation symbol sequence (see Fig. 11C i.e., Data signals (i.e., sequence of data samples representing a “data sequence”) & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C),
the 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 shifting groups of PT-RS sample sequences of different layers 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 sample sequences 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), each layer to transmit a sequence of samples representing a data sequence or a modulation symbol sequence (see Fig. 11C i.e., Data signals (i.e., sequence of data samples representing a “data sequence”) & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C),
the 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 shift groups of PT-RS sample sequences of different layers 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 sample sequences 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), each layer transmitting a sequence of samples representing a data sequence or a modulation symbol sequence (see Fig. 11C i.e., Data signals (i.e., sequence of data samples representing a “data sequence”) & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), the 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 shifting groups of PT-RS sample sequences of different layers 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 sample sequences 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), each layer transmitting a sequence of samples representing a data sequence or a modulation symbol sequence (see Fig. 11C i.e., Data signals (i.e., sequence of data samples representing a “data sequence”) & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C), the 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 shifting groups of PT-RS sample sequences of different layers 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 sample sequences 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 non-transitory computer readable storage medium storing a computer program comprising instructions (see Para’s [0037-0038]) 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), each layer transmitting a sequence of samples representing a data sequence or a modulation symbol sequence (see Fig. 11C i.e., Data signals (i.e., sequence of data samples representing a “data sequence”) & Para’s [0067-0068] i.e., data symbols & [0092-0094] i.e., Fig. 11C),
the 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 shifting groups of PT-RS sample sequences of different layers 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 sample sequences 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.
6. 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.
7. 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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/ADNAN BAIG/Primary Examiner, Art Unit 2461
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