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 Amendment
Amendments filed on 03/26/2026 are entered for prosecution. Claims 9-11 remain pending in the application. The amendments change the scopes of the previously presented claims. New grounds of rejections are applied to the amended claims and the current Office Action is made FINAL as necessitated by the claim amendments.
Applicant’s amendments to the claims have overcome each and every objection in the claims previously set forth in the Non-Final Office Action.
Applicant’s amendments to the claims have overcome each and every rejection based on the double patenting rejection in the claims previously set forth in the Non-Final Office Action.
Response to Arguments
Applicant’s arguments with respect to claims 9-11 in a reply filed 03/26/2026 (hereinafter, Remarks) regarding newly added limitations have been considered but are not persuasive.
Applicant respectfully argues that JUNG fails to disclose, teach, or suggest all the features recited in newly added independent claim 9. Specifically, “(Remarks Page 7) Jung does not disclose, teach, or suggest, at least "determine that a second PUCCH with second UCI overlaps with a second PUSCH, wherein the second UCI includes a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK), and the HARQ-ACK either has a higher priority index while the second PUSCH has a lower priority index, or the HARQ-ACK has the lower priority index while the second PUSCH has the higher priority index; and in response to determining that the second PUCCH with the second UCI overlaps with the second PUSCH: multiplex the HARQ-ACK in the second PUSCH, transmit the second PUSCH in which the HARQ-ACK is multiplexed, and cancel transmitting the second PUCCH", as recited in the newly added independent claim 9... In detail, Jung, in the cited paragraphs, does NOT describe that, when a second PUSCH has a lower priority index and an HARQ-ACK has a higher priority index, a UE transmits the second PUSCH in which the HARQ-ACK is multiplexed”.
However, examiner respectfully disagrees.
JUNG discloses:
determine that a second PUCCH with second UCI (HARQ-ACK information is a type of UCI that is carried on PUCCH) overlaps with a second PUSCH ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index), wherein the second UCI includes a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK) ([0057] If a UE would transmit the following channels that would overlap in time... or 3) a first PUCCH of larger priority index with HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH and a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), and
the HARQ-ACK either has a higher priority index ([0057] a first PUCCH of larger priority index with HARQ-ACK information) while the second PUSCH has a lower priority index ([0057] a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), or
the HARQ-ACK has the lower priority index while the second PUSCH has the higher priority index ([0057] or 4) a PUSCH of larger priority index with SP-CSI reports(s) without a corresponding PDCCH and a PUCCH of smaller priority index with SR, or CSI, or HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH); and
in response to determining that the second PUCCH with the second UCI overlaps with the second PUSCH ([0055];[0057];):
multiplex the HARQ-ACK in the second PUSCH ([0062] If a UE would multiplex UCI in a PUCCH transmission that overlaps with a PUSCH transmission and the PUSCH and PUCCH transmissions fulfill conditions for UCI multiplexing, the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH),
transmit the second PUSCH in which the HARQ-ACK is multiplexed ([0068] ] If a UE transmits a PUSCH over multiple slots and the UE would transmit a PUCCH with HARQ-ACK and/or CSI information over a single slot that overlaps with the PUSCH transmission in one or more slots of the multiple slots, and the PUSCH transmission in the one or more slots fulfills the conditions for multiplexing the HARQ-ACK and/or CSI information, the UE multiplexes the HARQ-ACK and/or CSI information in the PUSCH transmission in the one or more slots (hence the PUSCH transmission includes the multiplexed HARQ-ACK)), and
cancel transmitting the second PUCCH ([0062] the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH).
Therefore, JUNG does describe that, a second PUSCH has a lower priority index and an HARQ-ACK has a higher priority index, a UE transmits the second PUSCH in which the HARQ-ACK is multiplexed.
Regarding independent claims 10 and 11, the applicant submits the same arguments as presented in claim 9. Thus, examiner applies the same reasoning as presented in claim 9.
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)(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.
(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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JUNG et al. (US 20240380513 A1, which claims priority to U.S. Patent Application Ser. No. 63/184,624 filed on May 5, 2021, hereinafter, JUNG).
Regarding claim 9, JUNG discloses:
A user equipment (UE) (Fig. 3; Fig. 4; [0032] the remote units 102 may include... users, terminals, mobile terminals, fixed terminals, subscriber stations, UE, user terminals, a device; [0038] FIG. 2 depicts one embodiment of an apparatus 200... The apparatus 200 includes one embodiment of the remote unit 102....include a processor 202, a memory 204, an input device 206, a display 208, a transmitter 210, and a receiver 212), comprising:
a processor ([0038];); and
a memory ([0038];), wherein the memory stores instructions that, when executed by the processor ([0039] the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein), cause the UE to:
determine that a first physical uplink control channel (PUCCH) with first Uplink Control Information (UCI) (SR is a type of UCI that is carried on PUCCH) overlaps with a first physical uplink shared channel (PUSCH) ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index), wherein the first UCI includes a positive scheduling request (SR), and the positive SR has a higher priority index, while the first PUSCH has a lower priority index ([0057] If a UE would transmit the following channels that would overlap in time: 1) a first PUCCH of larger priority index with SR (SR is present, hence positive SR) and a second PUCCH or PUSCH of smaller priority index);
in response to determining that the first PUCCH with the first UCI overlaps with the first PUSCH ([0055]; [0057];):
cancel multiplexing the first UCI in the first PUSCH ([0058] The UE is expected to cancel the PUCCH/PUSCH transmissions of smaller priority index before the first symbol overlapping with the PUCCH/PUSCH transmission of larger priority index; [0061] PUSCH without UL-SCH that overlaps with a PUCCH transmission... does not transmit the PUSCH(hence the first UCI is not multiplexed into the first PUSCH)),
cancel transmitting the first PUSCH ([0058] The UE is expected to cancel the PUCCH/PUSCH transmissions of smaller priority index before the first symbol overlapping with the PUCCH/PUSCH transmission of larger priority index), and
transmit (Fig. 4; [0163] The system 400 includes a UE 402 and a base station 404... the UE 402 transmits the PUCCH transmission in the number of PRBs to the base station 404;) the first PUCCH ([0061] If a UE would transmit on a serving cell a PUSCH without UL-SCH that overlaps with a PUCCH transmission on a serving cell that includes positive SR information, the UE does not transmit the PUSCH (hence, the PUSCH is dropped and only the PUCCH transmission is transmitted));
determine that a second PUCCH with second UCI (HARQ-ACK information is a type of UCI that is carried on PUCCH) overlaps with a second PUSCH ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index), wherein the second UCI includes a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK) ([0057] If a UE would transmit the following channels that would overlap in time... or 3) a first PUCCH of larger priority index with HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH and a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), and
the HARQ-ACK either has a higher priority index ([0057] a first PUCCH of larger priority index with HARQ-ACK information) while the second PUSCH has a lower priority index ([0057] a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), or
the HARQ-ACK has the lower priority index while the second PUSCH has the higher priority index ([0057] or 4) a PUSCH of larger priority index with SP-CSI reports(s) without a corresponding PDCCH and a PUCCH of smaller priority index with SR, or CSI, or HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH); and
in response to determining that the second PUCCH with the second UCI overlaps with the second PUSCH ([0055];[0057];):
multiplex the HARQ-ACK in the second PUSCH ([0062] If a UE would multiplex UCI in a PUCCH transmission that overlaps with a PUSCH transmission and the PUSCH and PUCCH transmissions fulfill conditions for UCI multiplexing, the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH),
transmit (Fig. 4) the second PUSCH in which the HARQ-ACK is multiplexed ([0068] ] If a UE transmits a PUSCH over multiple slots and the UE would transmit a PUCCH with HARQ-ACK and/or CSI information over a single slot that overlaps with the PUSCH transmission in one or more slots of the multiple slots, and the PUSCH transmission in the one or more slots fulfills the conditions for multiplexing the HARQ-ACK and/or CSI information, the UE multiplexes the HARQ-ACK and/or CSI information in the PUSCH transmission in the one or more slots (hence the PUSCH transmission includes the multiplexed HARQ-ACK)), and
cancel transmitting the second PUCCH ([0062] the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH).
Regarding claim 10, JUNG discloses:
A control method performed by a User Equipment (UE) ([0004] One embodiment of a method includes receiving, at a UE, information... the method includes determining a number of PRBs for a PUCCH transmission... the method includes transmitting the PUCCH transmission in the number of PRBs), the control method comprising:
determining that a first physical uplink control channel (PUCCH) with first Uplink Control Information (UCI) (SR is a type of UCI that is carried on PUCCH) overlaps with a first physical uplink shared channel (PUSCH) ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index), wherein the first UCI includes a positive scheduling request (SR), and the positive SR has a higher priority index, while the first PUSCH has a Lower priority index ([0057] If a UE would transmit the following channels that would overlap in time: 1) a first PUCCH of larger priority index with SR (SR is present, hence positive SR) and a second PUCCH or PUSCH of smaller priority index);
in response to determining that the first PUCCH with the first UCI overlaps with the first PUSCH ([0055]; [0057];):
canceling multiplexing the first UCI in the first PUSCH ([0058] The UE is expected to cancel the PUCCH/PUSCH transmissions of smaller priority index before the first symbol overlapping with the PUCCH/PUSCH transmission of larger priority index; [0061] PUSCH without UL-SCH that overlaps with a PUCCH transmission... does not transmit the PUSCH(hence the first UCI is not multiplexed into the first PUSCH)),
canceling transmitting the first PUSCH ([0058] The UE is expected to cancel the PUCCH/PUSCH transmissions of smaller priority index before the first symbol overlapping with the PUCCH/PUSCH transmission of larger priority index), and
transmitting (Fig. 4; [0163];) the first PUCCH ([0061] If a UE would transmit on a serving cell a PUSCH without UL-SCH that overlaps with a PUCCH transmission on a serving cell that includes positive SR information, the UE does not transmit the PUSCH ( hence, the PUSCH is dropped and only the PUCCH transmission is transmitted)); and
determining that a second PUCCH with second UCI (HARQ-ACK information is a type of UCI that is carried on PUCCH) overlaps with a second PUSCH ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index), wherein the second UCI includes a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK) ([0057] If a UE would transmit the following channels that would overlap in time... or 3) a first PUCCH of larger priority index with HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH and a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), and the HARQ-ACK either has a higher priority index ([0057] a first PUCCH of larger priority index with HARQ-ACK information) while the second PUSCH has a lower priority index ([0057] a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), or
the HARQ-ACK has the lower priority index while the second PUSCH has the higher priority index ([0057] or 4) a PUSCH of larger priority index with SP-CSI reports(s) without a corresponding PDCCH and a PUCCH of smaller priority index with SR, or CSI, or HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH);
in response to determining that the second PUCCH with the second UCI overlaps with the second PUSCH ([0055];[0057];):
multiplexing the HARQ-ACK in the second PUSCH ([0062] If a UE would multiplex UCI in a PUCCH transmission that overlaps with a PUSCH transmission and the PUSCH and PUCCH transmissions fulfill conditions for UCI multiplexing, the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH),
transmitting (Fig. 4) the second PUSCH in which the HARQ-ACK is multiplexed ([0068] ] If a UE transmits a PUSCH over multiple slots and the UE would transmit a PUCCH with HARQ-ACK and/or CSI information over a single slot that overlaps with the PUSCH transmission in one or more slots of the multiple slots, and the PUSCH transmission in the one or more slots fulfills the conditions for multiplexing the HARQ-ACK and/or CSI information, the UE multiplexes the HARQ-ACK and/or CSI information in the PUSCH transmission in the one or more slots (hence the PUSCH transmission includes the multiplexed HARQ-ACK)), and
canceling transmitting the second PUCCH ([0062] the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH).
Regarding claim 11, JUNG discloses:
A base station (Fig. 3; Fig. 4), comprising:
a processor ([0046] FIG. 3... The apparatus 300 includes one embodiment of the network unit 104... include a processor 302, a memory 304, an input device 306, a display 308, a transmitter 310, and a receiver 312); and
a memory ([0046];), wherein the memory stores instructions that, when executed by the processor ([0046] the processor 302, the memory 304... may be substantially similar to the processor 202, the memory 204; [0039] the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein), cause the base station to:
in a case that a first physical uplink control channel (PUCCH) with first Uplink Control Information (UCI) (SR is a type of UCI that is carried on PUCCH) overlaps with a first physical uplink shared channel (PUSCH) ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index), wherein the first UCI includes a positive scheduling request (SR), and the positive SR has a higher priority index, while the first PUSCH has a lower priority index ([0057] If a UE would transmit the following channels that would overlap in time: 1) a first PUCCH of larger priority index with SR (SR is present, hence positive SR) and a second PUCCH or PUSCH of smaller priority index):
forgo receiving (Fig. 4; [0163] The system 400 includes a UE 402 and a base station 404... In a first communication 406, the base station 404 transmits information... to the UE 402..The UE 402 determines... the PUCCH transmission... the UE 402 transmits the PUCCH transmission in the number of PRBs to the base station 404; [0172] the method 600 includes receiving 604 a PUCCH transmission in a number of PRBs) the first PUSCH ([0058] The UE is expected to cancel the PUCCH/PUSCH transmissions of smaller priority index before the first symbol overlapping with the PUCCH/PUSCH transmission of larger priority index; [0061] the UE does not transmit the PUSCH (hence the base station cannot receive the not transmitted PUSCH)), and
receive (Fig. 4; [0163]; [0172];) the first PUCCH ([0061] If a UE would transmit on a serving cell a PUSCH without UL-SCH that overlaps with a PUCCH transmission on a serving cell that includes positive SR information, the UE does not transmit the PUSCH (hence, the PUSCH is dropped and only the PUCCH transmission is transmitted)); and
in a case that a second PUCCH with second UCI (HARQ-ACK information is a type of UCI that is carried on PUCCH) overlaps with a second PUSCH ([0055] When a UE determines overlapping for PUCCH and/or PUSCH transmissions of different priority indexes, the UE first resolves the overlapping for PUCCH and/or PUSCH transmissions of smaller priority index),
wherein the second UCI includes a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK) ([0057] If a UE would transmit the following channels that would overlap in time... or 3) a first PUCCH of larger priority index with HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH and a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), and the HARQ-ACK either has a higher priority index ([0057] a first PUCCH of larger priority index with HARQ-ACK information) while the second PUSCH has a lower priority index ([0057] a second PUCCH of smaller priority index with SR and/or CSI, or a configured grant PUSCH with smaller priority index, or a PUSCH of smaller priority index with semi-persistent (“SP”) CSI (“SP-CSI”) report(s) without a corresponding PDCCH), or
the HARQ-ACK has the lower priority index while the second PUSCH has the higher priority index ([0057] or 4) a PUSCH of larger priority index with SP-CSI reports(s) without a corresponding PDCCH and a PUCCH of smaller priority index with SR, or CSI, or HARQ-ACK information only in response to a PDSCH reception without a corresponding PDCCH):
receive (Fig. 4; [0163]; [0172];) the second PUSCH in which the HARQ-ACK is multiplexed ([0068] ] If a UE transmits a PUSCH over multiple slots and the UE would transmit a PUCCH with HARQ-ACK and/or CSI information over a single slot that overlaps with the PUSCH transmission in one or more slots of the multiple slots, and the PUSCH transmission in the one or more slots fulfills the conditions for multiplexing the HARQ-ACK and/or CSI information, the UE multiplexes the HARQ-ACK and/or CSI information in the PUSCH transmission in the one or more slots (hence the PUSCH transmission includes the multiplexed HARQ-ACK)). and
forgo receiving the second PUCCH ([0062] the UE: 1) multiplexes only HARQ-ACK information, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH if the UE multiplexes aperiodic or semi-persistent CSI reports in the PUSCH; and 2) multiplexes only HARQ-ACK information and CSI reports, if any, from the UCI in the PUSCH transmission and does not transmit the PUCCH (hence the base station cannot receive the PUCCH) if the UE does not multiplex aperiodic or semi-persistent CSI reports in the PUSCH).
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.
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/THERESA NGUYEN/Examiner, Art Unit 2418
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
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