DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/04/2026 has been entered.
Response to Amendment
Applicant’s amendment filled on 06/04/2026 has been entered.
Claims 1,4,5,6 are amended.
Claims 1,4-6 are pending.
Response to Arguments
Applicant arguments filed on 04/06/2026 have been fully considered and but are moot in view of the new ground of rejection(s)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1,4-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang to (US20210144722) in view of Yokomakura to (US11038612 B2)
Regarding claim 1,4,Yang teaches a terminal comprising([0414] The terminal device 600 shown in FIG. 6 includes: at least one processor 601, a memory 602, at least one network interface 604, and a user interface 603) a processor that performs control to apply different modulation and coding schemes (MCSs) to a plurality of layers; ([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH) and a transmitter that applies the different MCSs to transmit uplink shared channels of the plurality of layers including a first layer and a second layer ([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH. [0144] a terminal device simultaneously uses the plurality of pieces of uplink beam information to: transmit different PUSCHs, transmit different TBs in the same PUSCH, transmit a PUSCH on different layers corresponding to the same PUSCH, transmit a PUSCH on different antenna ports corresponding to the same PUSCH, transmit a PUSCH on different resource allocations corresponding to the PUSCH, transmit a PUSCH by using different MCSs, transmit a PUSCH by using different numerologies)
Yang does not explicitly teach wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively
However, Yokomakura teaches wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively (Col.2 lines 40-49 discloses among a first MCS field for a transport block 1 and a second MCS field for a transport block 2, which are included in the downlink control information, information indicating a modulation scheme of a second terminal device is configured to be in the second MCS field, and the first MCS field and the second MCS field are transmitted to the first terminal device…col.7 lines 38-50 discloses the transport block is a unit in which the MAC layer delivers data to the physical layer. In the physical layer, the transport block is mapped to a codeword, and coding processing and the like are performed on every codeword)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Yang include wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively, as suggested by Yokomakura. This modification would benefit the system to efficiently utilize the network resource.
Regarding claim 5, Yang teaches a base station comprising:([0425], FIG. 7, the network-side device 700 includes: a processor 701, a transceiver 702, a memory 703, a user interface 704, and a bus interface) a transmitting section that transmits, to a terminal, information for applying different modulation and coding schemes (MCSs) to a plurality of layers including a first layer and a second layer;( [0099] The network-side device configures a plurality of pieces of uplink beam information for PUCCH through higher-layer signaling (RRC signaling or MAC CE signaling)) and a receiving section that receives uplink shared channels of the plurality of layers applied with the different MCSs and transmitted by the terminal, based on the information([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH. [0144] a terminal device simultaneously uses the plurality of pieces of uplink beam information to: transmit different PUSCHs, transmit different TBs in the same PUSCH, transmit a PUSCH on different layers corresponding to the same PUSCH, transmit a PUSCH on different antenna ports corresponding to the same PUSCH, transmit a PUSCH on different resource allocations corresponding to the PUSCH, transmit a PUSCH by using different MCSs, transmit a PUSCH by using different numerologies)
Yang does not explicitly teach wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information,
However, Yokomakura teaches wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively(Col.2 lines 40-49 discloses among a first MCS field for a transport block 1 and a second MCS field for a transport block 2, which are included in the downlink control information, information indicating a modulation scheme of a second terminal device is configured to be in the second MCS field, and the first MCS field and the second MCS field are transmitted to the first terminal device…col.7 lines 38-50 discloses the transport block is a unit in which the MAC layer delivers data to the physical layer. In the physical layer, the transport block is mapped to a codeword, and coding processing and the like are performed on every codeword)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Yang include wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively, as suggested by Yokomakura. This modification would benefit the system to efficiently utilize the network resource.
Regarding claim 6, Yang teaches a system comprising, a terminal and a base station, wherein
the terminal comprises: ([0414] The terminal device 600 shown in FIG. 6 includes: at least one processor 601, a memory 602, at least one network interface 604, and a user interface 603)
a processor that performs control to apply different modulation and coding schemes
(MCSs) to a plurality of layers;( [0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH) and
a first transmitter that applies the different MCSs to transmit uplink shared channels
of the plurality of layers including a first layer and a second layer, [0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH)
the base station comprises: ([0425], FIG. 7, the network-side device 700 includes: a processor 701, a transceiver 702, a memory 703, a user interface 704, and a bus interface)
a second transmitter that transmits, to the terminal, the downlink control information; ([0367] discloses transmit DCI, where the DCI is used to indicate the configuration information, [0398] the plurality of pieces of uplink beam information are associated with different MCSs corresponding to the uplink channel)
and a receiver that receives the uplink shared channels([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH)
Yang does not explicitly teach wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively
However, Yokomakura teaches wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively (Col.2 lines 40-49 discloses among a first MCS field for a transport block 1 and a second MCS field for a transport block 2, which are included in the downlink control information, information indicating a modulation scheme of a second terminal device is configured to be in the second MCS field, and the first MCS field and the second MCS field are transmitted to the first terminal device…col.7 lines 38-50 discloses the transport block is a unit in which the MAC layer delivers data to the physical layer. In the physical layer, the transport block is mapped to a codeword, and coding processing and the like are performed on every codeword)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Yang include wherein the processor determines a first MCS for the first layer and a second MCS for the second layer as the different MCSs, based on a first MCS field and a second MCS field included in downlink control information, respectively, as suggested by Yokomakura. This modification would benefit the system to efficiently utilize the network resource.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy D Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZEWDU A BEYEN/ Primary Examiner, Art Unit 2461
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