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 .
DETAILED ACTION
Response to Amendment
This office action is in response to applicant’s amendment filed, 19 February 2026, of application filed, with the above serial number, on 28 November 2023 in which claims 1, 4, 5, 23, 27, 29 have been amended. Claims 1-30 are pending in the application.
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.
Claim(s) 1, 4-9, 16-23, 26-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kipp et al (hereinafter “Kipp”, 2020/0314177) in view of TS 38.213 v 15.5.0 (hereinafter “TS38.213”, NPL 892 “V”).
As per Claim 1, Kipp discloses an apparatus for wireless communication at a user equipment (UE), comprising:
a memory; and one or more processors, coupled to the memory (at least paragraph 20; processor and memory), configured to:
encode an acknowledgement status data using a symmetric key to produce a sequence associated with the acknowledgement status data (at least paragraph 44-46; the client device 305 may receive the SYN-ACK packet(s) and may decrypt the encrypted symmetric key received in the SYN-ACK packet(s); the client device 305 may generate one or more ACK packets and encrypt those packet(s) using the symmetric key); and
transmit the sequence on an uplink (at least paragraph 44-46; client device 305 may send the encrypted ACK packet(s) to the application server 325).
Kipp fails to explicitly disclose the uplink being an uplink control channel and wherein the sequence is mapped to one or more resource blocks on the uplink control channel. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (at least section 9.2-9.2.3), with transmission of HARQ ACK information on PUCCH in an initial UL BWP of respective PRBs. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements on a PUCCH, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 21. The apparatus of claim 1, wherein the sequence is based at least in part on a computer generated sequence to which the symmetric key is added (at least paragraph 44-46).
Claims 23, 29 do not, in substance, add or define any additional limitations over claims 1 and therefore are rejected for similar reasons, supra.
As per Claim 30. The apparatus of claim 29, wherein the sequence is based at least in part on a codepoint that is selected according to the symmetric key (eg. (at least paragraph 44-48, Ack or NAK), and the codepoint is selected using an XOR operation on, or an Advanced Encryption Standard (AES) algorithm applied to, the symmetric key and one or more bits representing the acknowledgement status (at least paragraph 44-46; Advanced Encryption Standard).
As per Claims 4, 26. Kipp fails to explicitly disclose wherein the acknowledgement status data comprises a hybrid automatic repeat request (HARQ) acknowledgement, a HARQ negative-acknowledgement, or a combination thereof. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (at least section 9.2-9.2.3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claims 5, 27. Kipp fails to explicitly disclose wherein the uplink control channel is a physical uplink control channel (PUCCH). However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (at least section 9.2-9.2.3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claims 6, 28. Kipp fails to explicitly disclose wherein the sequence is formatted according to format 0 associated with the PUCCH. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (at least section 9.2-9.2.3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 7. Kipp fails to explicitly disclose wherein the symmetric key includes a quantity of bits that is less than a maximum quantity of bits. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (the number of HARQ-ACK information bits with positive or negative SR (HARQ-ACK/SR bits) is 1 or 2) (at least section 9.2-9.2.3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 8. Kipp fails to explicitly disclose wherein the maximum quantity of bits is preconfigured. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (the number of HARQ-ACK information bits with positive or negative SR (HARQ-ACK/SR bits) is 1 or 2) (at least section 9.2-9.2.3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 9. Kipp fails to explicitly disclose wherein the one or more processors are further configured to: receive an indication of the maximum quantity of bits. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213. TS38.213 discloses channel coding for HARQ-ACK on PUCCH and using format 0 for shorter transmissions (the number of HARQ-ACK information bits with positive or negative SR (HARQ-ACK/SR bits) is 1 or 2) (at least section 9.2-9.2.3). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s acknowledgements with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 16. Kipp fails to explicitly disclose wherein an initial cyclic shift associated with the sequence is selected using the symmetric key. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213 (at least section 9.2.1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s cyclic shift with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements and setting cyclic shifts for PUCCH transmissions when a UE does not have a dedicated PUCCH configuration, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 17. The apparatus of claim 16, wherein the initial cyclic shift is selected using an XOR operation on, or an AES algorithm applied to, a bit associated with the initial cyclic shift and the symmetric key (at least Kipp paragraph 44-46; Advanced Encryption Standard).
As per Claim 18. Kipp fails to explicitly disclose wherein the one or more processors are further configured to: maintain a counter across slots, symbols, or component carrier indices, wherein the symmetric key is modified according to the counter. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213 (at least section 9.1.3.1; A value of the counter downlink assignment indicator (DAI) field). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s counter with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 19. Kipp fails to explicitly disclose wherein the one or more processors are further configured to:receive a parameter, wherein the initial cyclic shift is selected using the symmetric key and the parameter. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213 (at least section 9.2.1; “PUCCH resource includes the following parameters:- a PUCCH resource index”). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s parameters with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements and setting such parameters for PUCCH transmissions when a UE does have a dedicated PUCCH configuration, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
As per Claim 20. The apparatus of claim 19, wherein the initial cyclic shift is selected using an XOR operation on, or an AES algorithm applied to, the symmetric key and the parameter (at least Kipp paragraph 44-46; Advanced Encryption Standard).
As per Claim 22. Kipp fails to explicitly disclose wherein the sequence is based at least in part on an initial cyclic shift to which the symmetric key is added. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS38.213 (at least section 9.2.1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS38.213’s cyclic shift with Kipp as TS38.213 represents a standard in NR 5G art that UE’s are to report positive and negative acknowledgements and setting cyclic shifts for PUCCH transmissions when a UE does not have a dedicated PUCCH configuration, and improving on Kipp’s encoding of ACKs for use in 5G NR would be obvious to prevent malicious interception in UE NR communications.
Claim(s) 2-3, 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kipp and TS38.213 in view of Laddu (hereinafter “Laddu”, 2022/0399950).
As per Claims 2, 24. Kipp/ TS38.213 fails to disclose wherein the symmetric key is determined using channel reciprocity at a physical layer. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Laddu (at least paragraph 39-44). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Laddu’s physical layer security with Kipp/ TS38.213 as Laddu teaches using it to improve secrecy of wireless communication and to guarantee that private data are accessible only to legitimate receivers.
As per Claims 3, 25. Kipp/ TS38.213 fails to disclose wherein the symmetric key is determined using a higher layer of the UE. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Laddu (at least paragraph 39-44). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Laddu’s physical layer security with Kipp/ TS38.213 as Laddu teaches using it to improve secrecy of wireless communication and to guarantee that private data are accessible only to legitimate receivers.
Claim(s) 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kipp and TS38.213 further in view of TS 36.212 v16.6.0 (hereinafter “TS36.212”, NPL 892 “U”).
As per Claim 10. Kipp/ TS38.213 fails to explicitly disclose wherein the sequence is based at least in part on a computer generated sequence that is phase shifted according to the symmetric key. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS36.212 (at least section 5.2.2.6, for example see at least p. 30). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS36.212’s coded bit sequences with Kipp/ TS38.213, as TS36.212 teaches the UE being configured by higher layers such that HARQ-ACK feedback has a coded bit sequence that is obtained by using another bit sequence and circular repetition and thus according to 3GPP specifications it would be obvious to code the bit sequence of Kipp’s acks for HARQ-ACKs.
As per Claim 11. Kipp/ TS38.213 fails to explicitly disclose wherein the computer generated sequence is preconfigured. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS36.212 (at least section 5.2.2.6, for example see at least p. 30). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS36.212’s coded bit sequences with Kipp/ TS38.213, as TS36.212 teaches the UE being configured by higher layers such that HARQ-ACK feedback has a coded bit sequence that is obtained by using another bit sequence and circular repetition and thus according to 3GPP specifications it would be obvious to code the bit sequence of Kipp’s acks for HARQ-ACKs.
As per Claim 12. Kipp/ TS38.213 fails to explicitly disclose wherein the one or more processors are further configured to: convert the symmetric key into a phase shift that is applied to the computer generated sequence. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS36.212 (at least section 5.2.2.6, for example see at least p. 30). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS36.212’s coded bit sequences with Kipp/ TS38.213, as TS36.212 teaches the UE being configured by higher layers such that HARQ-ACK feedback has a coded bit sequence that is obtained by using another bit sequence and circular repetition and thus according to 3GPP specifications it would be obvious to code the bit sequence of Kipp’s acks for HARQ-ACKs.
As per Claim 13. Kipp/ TS38.213 fails to explicitly disclose wherein the sequence is based at least in part on a computer generated sequence associated with an index that is selected using the symmetric key. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS36.212 (at least section 5.2.2.6, for example see at least p. 30). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS36.212’s index with Kipp/ TS38.213, as TS36.212 teaches the UE being configured by higher layers such that HARQ-ACK feedback has a coded bit sequence that is obtained by using another bit sequence and circular repetition and thus according to 3GPP specifications it would be obvious to code the bit sequence of Kipp’s acks for HARQ-ACKs.
As per Claim 14. Kipp/ TS38.213 fails to explicitly disclose wherein the one or more processors are further configured to: receive a parameter, wherein the index is selected using the symmetric key and the parameter. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of TS36.212 (at least section 5.2.2.6, for example see at least p. 30). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of TS36.212’s parameters with Kipp/ TS38.213, as TS36.212 teaches the UE being configured by higher layers such that HARQ-ACK feedback has a coded bit sequence that is obtained by using another bit sequence and circular repetition and configured with various parameters including parameter dl-STTI-Length, thus according to 3GPP specifications it would be obvious to code the bit sequence of Kipp’s acks for HARQ-ACKs.
As per Claim 15. The apparatus of claim 14, wherein the index is selected using an XOR operation on, or an Advanced Encryption Standard (AES) algorithm applied to, the symmetric key and the parameter (at least Kipp paragraph 44-46; Advanced Encryption Standard).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Under the policy of compact prosecution, 37 CFR 1.111(b) outlines that the “reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references”. Applicant has not responded to any of the prior 103 rejections and applied references including TS 38.213 v 15.5.0. TS 38.213 v 15.5.0 clearly discloses the features of amended claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
The prior art made of record and not relied upon considered pertinent to applicant's disclosure is indicated in PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Nicholas Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GREGORY TODD/ Primary Examiner, Art Unit 2443
Prosecution Insights