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
Applicant's arguments filed December 1, 2025 with respect claims 1-4 and 12 have been fully considered but they are not persuasive.
Applicant argues that Xu does not disclose data sets for transmission with separate or corresponding MCSs where the PTRS associated to a data block is based on the MCS corresponding to another data block set.
Examiner respectfully disagrees. In the abstract, Xu discloses mapping a PTRS to one or more symbols based on a target MCS. In paragraph 13, Xu further discloses that the target MCS is an MCS used in initial transmission (i.e. for a first set of data blocks) or an MCS used in last transmission (i.e. second set of data blocks), the last transmission being initial transmission or retransmission. Thus, if the target MCS is the MCS using in last transmission/retransmission, and PTRS is mapped to symbols based on the target MCS, then it is clear that PTRS is associated to a data block based on MCS corresponding to another data block set. The claims therefore remain rejected over Xu as outlined in the non-final rejection dated August 29, 2025. The detail rejections to follow are updated to reflect claim amendments.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 8-12, 16 and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (US 2020/0067628).
Regarding claim 1, Xu et al. disclose a method of operating a transmitting radio node in a wireless communication network (Figure 1), the method comprising:
transmitting data signaling carry a plurality of data blocks, the plurality of data blocks comprising a first set of data blocks (Paragraph 13, initial transmission) associated to a first Modulation and Coding Scheme, MCS (Paragraph 13, an MCS used in initial transmission…The MCS used in initial transmission represents an MCS used when data is initially transmitted), and a second set of data blocks associated to a second MCS (Paragraph 13, MCS used in a last transmission…the MCS used in last transmission represents an MCS used when data is transmitted last time, where “last transmission” may be initial transmission or may be retransmission), the first MCS being different from the second MCS (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission), and one or both:
the first set of data blocks associated to a first a Phase Tracking Reference Signaling, PTRS, based on the second MCS, and the second set of data blocks associated to a second PTRS based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS; In the abstract, Xu discloses mapping a PTRS to one or more symbols based on a target MCS. In paragraph 13, Xu further discloses that the target MCS is an MCS used in initial transmission (i.e. for a first set of data blocks) or an MCS used in last transmission (i.e. second set of data blocks), the last transmission being initial transmission or retransmission. Thus, if the target MCS is the MCS using in last transmission/retransmission, and PTRS is mapped to symbols based on the target MCS, then it is clear that PTRS is associated to a data block based on MCS corresponding to another data block set).
Regarding claim 2, Xu et al. disclose a transmitting radio node for a wireless communication network (Figure 1, either of the terminal device and the network device being the transmitting radio node), the transmitting radio node comprising:
radio circuitry and antenna circuitry connected thereto (Figure 4-7, communications interfaces and transceivers);
processing circuitry to control the radio circuitry (Figures 4-7, processors), the processing circuitry configured to:
cause the radio circuitry to transmit data signaling representing a plurality of data blocks, the plurality of data blocks comprising a first set of data blocks (Paragraph 13, initial transmission) associated to a first Modulation and Coding Scheme, MCS (Paragraph 13, an MCS used in initial transmission…The MCS used in initial transmission represents an MCS used when data is initially transmitted), and a second set of data blocks associated to a second MCS (Paragraph 13, MCS used in a last transmission…the MCS used in last transmission represents an MCS used when data is transmitted last time, where “last transmission” may be initial transmission or may be retransmission), the first MCS being different from the second MCS (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission); and one or both:
the first set of data blocks associated to a first a Phase Tracking Reference Signaling, PTRS, associated the first set of data blocks is based on the second MCS, and the second set of data blocks associated to a second PTRS based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS; In the abstract, Xu discloses mapping a PTRS to one or more symbols based on a target MCS. In paragraph 13, Xu further discloses that the target MCS is an MCS used in initial transmission (i.e. for a first set of data blocks) or an MCS used in last transmission (i.e. second set of data blocks), the last transmission being initial transmission or retransmission. Thus, if the target MCS is the MCS using in last transmission/retransmission, and PTRS is mapped to symbols based on the target MCS, then it is clear that PTRS is associated to a data block based on MCS corresponding to another data block set).
Regarding claim 3, Xu et al. disclose a method of operating a receiving radio node in a wireless communication network (Figure 1), the method comprising:
receiving data signaling carrying a plurality of data blocks, the plurality of data blocks comprising a first set of data blocks (Paragraph 13, initial transmission) associated to a first Modulation and Coding Scheme, MCS (Paragraph 13, an MCS used in initial transmission…The MCS used in initial transmission represents an MCS used when data is initially transmitted), and a second set of data blocks of the plurality of data blocks being associated to a second MCS (Paragraph 13, MCS used in a last transmission…the MCS used in last transmission represents an MCS used when data is transmitted last time, where “last transmission” may be initial transmission or may be retransmission), the first MCS being different from the second MCS (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission); and one or both:
the first set of data blocks associated to a first Phase Tracking Reference Signaling, PTRS, based on the second MCS, and the second set of data blocks associated to a second PTRS based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS; In the abstract, Xu discloses mapping a PTRS to one or more symbols based on a target MCS. In paragraph 13, Xu further discloses that the target MCS is an MCS used in initial transmission (i.e. for a first set of data blocks) or an MCS used in last transmission (i.e. second set of data blocks), the last transmission being initial transmission or retransmission. Thus, if the target MCS is the MCS using in last transmission/retransmission, and PTRS is mapped to symbols based on the target MCS, then it is clear that PTRS is associated to a data block based on MCS corresponding to another data block set).
Regarding claim 4, Xu et al. disclose a receiving radio node for a wireless communication network (Figure 1, the other of the terminal device and the network device being the transmitting radio node), the receiving radio node comprising:
radio circuitry (Figure 4-7, communications interfaces and transceivers);
processing circuitry to control the radio circuitry (Figures 4-7, processors), the receiving radio node configured to:
receive data signaling representing a plurality of data blocks, the plurality of data blocks comprising a first set of data blocks (Paragraph 13, initial transmission) associated to a first Modulation and Coding Scheme, MCS (Paragraph 13, an MCS used in initial transmission…The MCS used in initial transmission represents an MCS used when data is initially transmitted), and a second set of data blocks associated to a second MCS (Paragraph 13, MCS used in a last transmission…the MCS used in last transmission represents an MCS used when data is transmitted last time, where “last transmission” may be initial transmission or may be retransmission), the first MCS being different from the second MCS (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission); and one or both:
the first sect of data blocks associated to a first Phase Tracking Reference Signaling, PTRS, based on the second MCS, and the second set of data blocks associated to a second PTRS based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS; In the abstract, Xu discloses mapping a PTRS to one or more symbols based on a target MCS. In paragraph 13, Xu further discloses that the target MCS is an MCS used in initial transmission (i.e. for a first set of data blocks) or an MCS used in last transmission (i.e. second set of data blocks), the last transmission being initial transmission or retransmission. Thus, if the target MCS is the MCS using in last transmission/retransmission, and PTRS is mapped to symbols based on the target MCS, then it is clear that PTRS is associated to a data block based on MCS corresponding to another data block set).
Regarding claim 6, Xu et al. disclose wherein one or both of: a PTRS density of the PTRS associated to the first set is based on the second MCS; and a PTRS density of the PTRS associated to the second set is based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS).
Regarding claim 8, Xu et al. disclose wherein one or both of: a PTRS signaling sequence associated to the first set is based on the second MCS; and a PTRS signaling sequence associated to the second set is based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS).
Regarding claim 9, Xu et al. disclose wherein one of both: one or more of the data blocks are associated to new transmissions (Paragraphs 13, 31 and 41, initial transmission); and one or more of the data blocks are associated to retransmissions (Paragraphs 13, 41, last transmission being initial transmission or retransmission).
Regarding claim 10, Xu et al. disclose wherein the MCS used for transmitting a data block is based on whether the data block is transmitted in a new transmission or retransmission (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission).
Regarding claim 11, Xu et al. disclose wherein the data signaling is scheduled with a control information message (Paragraphs 191, 226-227, 253-254, DCI; Paragraphs 150, 155, 247, RRC).
Regarding claim 12, Xu et al. disclose a non-transitory computer program storage medium storing a computer program comprising instructions causing processing circuitry to one or both control and perform a method (Paragraphs 22, 23, 96, 274, 297, 300, program stored in memory executed by processor), the method comprising:
transmitting data signaling carrying a plurality of data blocks, the plurality of data blocks comprising a first set of data blocks (Paragraph 13, initial transmission) associated to a first Modulation and Coding Scheme, MCS (Paragraph 13, an MCS used in initial transmission…The MCS used in initial transmission represents an MCS used when data is initially transmitted), and a second set of data blocks associated to a second MCS (Paragraph 13, MCS used in a last transmission…the MCS used in last transmission represents an MCS used when data is transmitted last time, where “last transmission” may be initial transmission or may be retransmission), the first MCS being different from the second MCS (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission); and one or both:
the first set of data blocks associated to a first Phase Tracking Reference Signaling, PTRS based on the second MCS, and the second set of data blocks associated to a second PTRS based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS; In the abstract, Xu discloses mapping a PTRS to one or more symbols based on a target MCS. In paragraph 13, Xu further discloses that the target MCS is an MCS used in initial transmission (i.e. for a first set of data blocks) or an MCS used in last transmission (i.e. second set of data blocks), the last transmission being initial transmission or retransmission. Thus, if the target MCS is the MCS using in last transmission/retransmission, and PTRS is mapped to symbols based on the target MCS, then it is clear that PTRS is associated to a data block based on MCS corresponding to another data block set).
Regarding claim 16, Xu et al. disclose wherein one or both of: a PTRS density of the PTRS associated to the first set is based on the second MCS; and a PTRS density of the PTRS associated to the second set is based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS).
Regarding claim 18, Xu et al. disclose wherein one or both of: a PTRS signaling sequence associated to the first set is based on the second MCS; and a PTRS signaling sequence associated to the second set is based on the first MCS (Paragraph 13, using, as the target MCS, an MCS used in initial transmission or an MCS used in last transmission [retransmission]; Paragraph 31, a density of a PTRS on a time-frequency resource may be flexibly determined based on the target MCS and an association relationship between an MCS threshold and a time domain density of a PTRS, thereby helping reduce resource overheads of the PTRS).
Regarding claim 19, Xu et al. disclose wherein one of both: one or more of the data blocks are associated to new transmissions (Paragraphs 13, 31 and 41, initial transmission); and one or more of the data blocks are associated to retransmissions (Paragraphs 13, 41, last transmission being initial transmission or retransmission).
Regarding claim 20, Xu et al. disclose wherein the MCS used for transmitting a data block is based on whether the data block is transmitted in a new transmission or retransmission (Paragraph 13, initial transmission MCS vs last transmission [retransmission] MCS; Paragraph 31, If the current data is retransmitted, generally, a value of the modulation and coding scheme MCS used in retransmission may be greater than that used in initial transmission).
Regarding claim 21, Xu et al. disclose wherein the data signaling is scheduled with a control information message (Paragraphs 191, 226-227, 253-254, DCI; Paragraphs 150, 155, 247, RRC).
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.
Claim(s) 5, 7, 14, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. as applied to claims 1, 2 and 3 above, and further in view of Lee et al. (US 2019/0305908, IDS Reference).
Regarding claims 5, 14, and 15 Xu et al. suggest but do not specifically disclose the following limitations that are disclosed by Lee et al.: wherein the data signaling is transmitted over a plurality of consecutive allocation units (Lee et al., Paragraph 73, RB resource allocation unit including a plurality of contiguous subcarriers in one slot; Also see figures 5, 6 and 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu et al. with the cited disclosure from Lee et al. in order to further reduce PT-RS overhead (Lee et al., Paragraph 20).
Regarding claims 7 and 17, Xu et al. disclose the claimed invention above but do not specifically disclose the following limitations that are disclosed by Lee et al.: wherein one or both of: a number of PTRS samples associated to the first set is based on the second MCS; and a number of PTRS samples associated to the second set is based on the first MCS (Lee et al., Paragraph 157, As a particular example, in the case of MCS<=64QAM, 5/6 code rate, and PRB size<32, PT-RS pattern #2 of FIG. 11 may have the highest spectral efficiency. However, in the case of the retransmission, the transmitter may transmit the PT-RS according to pattern #1 rather than pattern #2. In this case, if the PRB size is 16, the transmitter may perform the PT-RS transmission on either 8 or 16 PRBs rather than 4 PRBs among 16 PRBs by increasing the PT-RS frequency density. By doing so, the number of PT-RS samples increases, and thus it is more robust to interference or noise).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu et al. with the cited disclosure from Lee et al. in order to further reduce PT-RS overhead (Lee et al., Paragraph 20).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm.
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/OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477
February 20, 2026