Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 3, 5, 7, 9, 10, 11, 13, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Taherzadeh, U.S. Patent Publication No. 2022/0322332.
Taherzadeh teaches:
1. (original): A method for communication, comprising:
determining, at a first device, whether no demodulation reference signal (DM-RS) is to be transmitted on a first symbol configured for DM-RS transmission; and
in accordance with a determination that no DM-RS is to be transmitted on the first symbol, transmitting a signal to a second device in at least part of resource elements (REs) on the first symbol, the signal comprising at least one of data or a phase tracking reference signal (PT-RS) (see Fig. 3, PT-RS is sent on resource block not containing DMRS).
2. (original): The method of claim 1, wherein the determining comprises:
determining whether no DM-RS is to be transmitted based on at least one of the following:
a DM-RS configuration type, a physical uplink shared channel (PUSCH) mapping type, or the number of DM-RS code division multiplexing (CDM) groups without data (UE receives a control message including an indication for reference signal configuration, abstract).
3. (original): The method of claim 1, wherein the transmitting comprises:
transmitting the signal in a first RE on the first symbol, the first RE being configured for the DM-RS transmission (the selection of a specific signal is mainly a design choice and not given much patentable weight).
5. (original): The method of claim 1, wherein the transmitting comprises:
transmitting the signal in a third RE on the first symbol, the third RE being configured for transmission of the signal, and wherein no DM-RS is transmitted in a first RE on the first symbol, the first RE being configured for the DM-RS transmission (see Fig. 3, PT-RS is sent on resource block not containing DMRS).
7. (original): The method of claim 1, wherein the transmitting comprises:
transmitting the signal in a first RE and a fourth RE on the first symbol, the first RE being configured for the DM-RS transmission and the fourth RE being configured as empty (the selection of a specific symbol is mainly a design choice and not given much patentable weight).
9. (original): The method of claim 1, further comprising:
transmitting the DM-RS on a second symbol configured for the DM-RS transmission (see Fig. 3 which highlights symbols for DM-RS transmission).
10. (original): A method for communication, comprising:
receiving, at a second device, a signal from a first device, the signal comprising at least one of data or a phase tracking reference signal (PT-RS); and demodulating the signal from a first symbol configured for demodulation reference signal (DM-RS) transmission, no DM-RS being transmitted on the first symbol (see Fig. 3, PT-RS is sent on resource block not containing DMRS).
11. (original): The method of claim 10, wherein the demodulating comprises:
demodulating the signal in a first RE on the first symbol, the first RE being configured for the DM-RS transmission (the selection of a specific signal is mainly a design choice and not given much patentable weight).
13. (original): The method of claim 11, wherein the demodulating comprises: demodulating the signal in a third RE on the first symbol, the third RE being configured for transmission of the signal, and wherein no DM-RS is received in a first RE on the first symbol, the first RE being configured for the DM-RS transmission (see Fig. 3, PT-RS is sent on resource block not containing DMRS).
15. (original): The method of claim 11, wherein the demodulating comprises:
demodulating the data information in a first RE and a fourth RE on the first symbol, the first RE being configured for the DM-RS transmission and the fourth RE being configured as empty (the selection of a specific symbol is mainly a design choice and not given much patentable weight).
17. (original): The method of claim 11, further comprising: receiving the DM-RS on a second symbol configured for the DM-RS transmission (see Fig. 3 which highlights symbols for DM-RS transmission).
Claim(s) 20 - 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu, U.S. Patent Publication No. 2023/0051047.
Xu teaches:
20. (original): A method for communication, comprising:
receiving, at a terminal device and from a network device, downlink control information (DCI) scheduling transmission of downlink data (beam information transmitted via DCI, [0268]); and
in accordance with a determination that the DCI comprises a first indication that the downlink data is transmitted with no demodulation reference signal (DM-RS) (signal sent without DM-RS, [0268])or less DM-RS transmission, demodulating the downlink data based on a trained channel state information (CSI) (resource sets selected based on CSI, [0420]).
21. (original): The method of claim 20, further comprising:
in accordance with a determination that the DCI does not comprise the first indication, demodulating the downlink data based on a DM-RS configuration for the terminal device (signal sent with DM-RS, [0268]).
22. (original): The method of claim 20, further comprising:
transmitting, to the network device, a report indicating a capability of the terminal device for CSI inference (capability restriction requests are made based on interference, [0224]).
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) 4, 6, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taherzadeh as applied to claims 3, 5, and 11 above, and further in view of Fakoorian, U.S. Patent Publication No. 2017/0273026.
Taherzadeh teaches a method of sending reference signals in a wireless communications network. Taherzadeh does not teach utilizing an energy per resource element (EPRE). Fakoorian teaches utilizing an EPRE. It would have been obvious to one skilled in the art at the time of filing to modify the teachings of Taherzadeh to incorporate the known technique of EPRE as taught by Fakoorian in order to obtain the predictable result of maintaining appropriate signal levels.
The combination teaches:
4. (original): The method of claim 3, wherein the transmission in the first RE is performed with first energy per resource element (EPRE), the first EPRE being higher than a second EPRE in a second RE on a second symbol, the second RE being configured for transmission of the signal (EPRE with a first and second value are utilized for transmission, [0068], Fakoorian).
6. (original): The method of claim 5, wherein the transmission in the third RE is performed with third energy per resource element (EPRE), the third EPRE being higher than a second EPRE in a second RE on a second symbol, the second RE being configured for transmission of the signal (third ration of EPRE utilized for RS transmissions, [0006], Fakoorian).
12. (original): The method of claim 11, wherein the demodulation in the first RE is performed with first energy per resource element (EPRE), the first EPRE being higher than a second EPRE in a second RE on a second symbol, the second RE being configured for transmission of the signal (EPRE with a first and second value are utilized for transmission, [0068], Fakoorian).
14. (original): The method of claim 13, wherein the demodulation in the third RE is performed with third energy per resource element (EPRE), the third EPRE being higher than a second EPRE in a second RE on a second symbol, the second RE being configured for transmission of the signal (third ration of EPRE utilized for RS transmissions, [0006], Fakoorian).
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taherzadeh as applied to claims 7 and 15 above, and further in view of Opshaug, U.S. Patent Publication No. 2022/0400465.
Taherzadeh teaches a method of sending reference signals in a wireless communications network. Taherzadeh does not teach utilizing a constant EPRE level. Opshaug teaches utilizing a constant EPRE level. It would have been obvious to one skilled in the art at the time of filing to modify the teachings of Taherzadeh to incorporate the known technique of constant EPRE as taught by Opshaug in order to obtain the predictable result of consistent signal levels.
The combination teaches:
8. (original): The method of claim 7, wherein the transmission in each of the first and fourth REs is performed with the same energy per resource element (EPRE) as that in a second RE on a second symbol, the second RE being configured for transmission of the signal (constant EPRE for all Res, [0125], Opshaug).
16. (original): The method of claim 15, wherein the demodulation in each of the first and fourth REs is performed with the same energy per resource element (EPRE) as that in a second RE on a second symbol, the second RE being configured for transmission of the data information (constant EPRE for all Res, [0125], Opshaug).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER G SOLINSKY whose telephone number is (571)270-7216. The examiner can normally be reached M - Th, 6:30 A - 5:00 P.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
PETER G. SOLINSKY
Examiner
Art Unit 2463
/Peter G Solinsky/Primary Examiner, Art Unit 2463