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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/27/23 & 11/21/24 has been considered by the examiner.
Claim Objections
Claims 20 and 41 are objected to because of the following informalities:
Independent Claim 20 and Independent Claim 41 recites, inter alia, the limitations of “… corresponding to two TRPs …” which recites the acronym “TRP” without previously reciting in any of the preceding limitations, the meaning of said acronym.
A review of Independent Claim 1 which recites similar limitations shows that the meaning of the acronym TRP is “Transmit-Receive Points (TRPs)” and as such, the examiner requests the applicant to amend Independent Claim 20 and Independent Claim 41 to also recite “Transmit-Receive Points (TRPs)”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitations of “The method according to claim 2, … the capability of being configured with the second indication field” which recites the limitation of “the capability” indicating antecedence to a previous limitation reciting “a capability”.
However, a review of the preceding limitations from which claim 4 is dependent upon fails to disclose said limitations reciting “a capability” and as such, the claims lacks antecedent basis.
A further review of the other claims shows that Claim 3 recites “a terminal capability is configured for indicating whether the terminal device supports a capability of being configured with the second indication field” which therefore renders the claims indefinite as it is unclear to the examiner whether the antecedence basis issue is a typographical error and claim 4 should still be dependent upon claim 2 or if claim 4 should be dependent upon claim 3 instead.
For the purpose of the examination and the rejection presented herein, the examiner will interpret claim 4 to be dependent upon claim 3 instead of the currently recited claim 2 (i.e. “4. The method according to claim 3, ).
Claim 23 recites the limitations of “The method according to claim 21, … the capability of being configured with the second indication field, sending, by the network device, the first information to the terminal device.” which has a similar issue as those indicated for claim 4 above and recites the limitation of “the capability” indicating antecedence to a previous limitation reciting “a capability” and similarly fails to disclose said limitations reciting “a capability” in any of the limitations from which claim 23 is dependent upon and as such, the claims also lacks antecedent basis.
A further review of the other claims shows that Claim 22 recites “The method according to claim 21, further comprising: receiving, by the network device, a terminal capability reported by the terminal device, wherein the terminal capability is configured for indicating whether the terminal device supports a capability of being configured with the second indication field” which therefore also renders the claims indefinite as it is unclear to the examiner whether the antecedence basis issue is a typographical error and claim 23 should still be dependent upon claim 21 or if claim 23 should be dependent upon claim 22 instead.
For the purpose of the examination and the rejection presented herein, the examiner will interpret claim 23 to be dependent upon claim 22 instead of the currently recited claim 21 (i.e. “23. The method according to claim 22, ).
Allowable Subject Matter
Claims 8 and 11-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8 and 11-13 are objected as allowable because the closest prior art found fails to disclose, teach or suggest either alone or render obvious in a combined teachings of the prior art, the uniquely distinct features in the specific order, structure and combination of limitations together as a whole of the limitations recited in dependent claims 8 and 11-13 in combination with the all of the limitations of the base claim and any intervening claims from which claims 8 and 11-13 are dependent upon.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 20-21 and 41-42 of the instant application are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of Copending Application 18/553,121.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following explanation indicated below:
Regarding claim 1 and claim 41, The instant application claims:
A method for configuring a reference signal, wherein the method comprises: and A terminal device, wherein the terminal device comprises: a processor and a transceiver connected to the processor; wherein the transceiver is configured to receiving, by a terminal device, first information sent by a network device, (Copending Application claim 1 recites “A method for enhancing an uplink phase tracking reference signal (PT-RS), performed by a network device, the method comprising: … sending the indication message to the UE through downlink control information (DCI). One of ordinary skill in the art would recognize that it is inherent for a complex device such as a network device and UE to include processor, transceiver, memory and software in order to be able to perform the disclosed functionalities).
wherein the first information is configured for indicating port association relationships corresponding to two Transmit-Receive Points (TRPs), (Copending Application claim 1 recites “wherein the indication message comprises a plurality of pieces of PT-RS indication information corresponding to a plurality of transmission reception points (TRPs)”).
and a port association relationship is configured for reflecting an association relationship between a first reference signal port and a second reference signal port (Copending Application claim 1 recites “and the PT-RS indication information sent towards a corresponding TRP indicates a demodulation reference signal (DMRS) port associated with a corresponding PT-RS port”).
Regarding claim 20, The instant application claims:
A method for configuring a reference signal, wherein the method comprises: sending, by a network device, first information to a terminal device, (Copending Application claim 1 recites “A method for enhancing an uplink phase tracking reference signal (PT-RS), performed by a network device, the method comprising: … sending the indication message to the UE through downlink control information (DCI)”).
wherein the first information is configured for indicating port association relationships corresponding to two TRPs, (Copending Application claim 1 recites “wherein the indication message comprises a plurality of pieces of PT-RS indication information corresponding to a plurality of transmission reception points (TRPs)”).
and a port association relationship is configured for reflecting an association relationship between a first reference signal port and a second reference signal port (Copending Application claim 1 recites “and the PT-RS indication information sent towards a corresponding TRP indicates a demodulation reference signal (DMRS) port associated with a corresponding PT-RS port”).
Regarding claim 2 of the instant application (see Copending Application claim 1).
Regarding claim 21 of the instant application (see Copending Application claim 1).
Regarding claim 42 of the instant application (see Copending Application claim 1).
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, 6, 9, 20-21 and 41-42 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gao et al. (US Patent Publication 2024/0080156 herein after referenced as Gao).
Regarding claim 1 and claim 41, Gao discloses:
A method for configuring a reference signal, wherein the method comprises: and A terminal device, wherein the terminal device comprises: a processor and a transceiver connected to the processor; wherein the transceiver is configured to receiving, by a terminal device, first information sent by a network device, (Gao, [0048] discloses Systems and methods are disclosed that relate to Phase Tracking Reference Signal PTRS (i.e. reads on configuring a reference signal) for Physical Uplink Shared Channel PUSCH transmissions to multiple Transmission/Reception Points TRPs. In one embodiment, a method performed by a wireless communication device (i.e. reads on a terminal device) comprises receiving (i.e. reads on receiving by) Downlink Control Information DCI (i.e. reads on first information) from a (i.e. reads on sent by) base station (i.e. reads on a network device); Gao, Fig. 16 & [0183] discloses As illustrated, the wireless communication device 1600 includes one or more processors 1602 e.g., CPUs, ASICs, FPGAs, and/or the like, memory 1604, and one or more transceivers 1606 each including one or more transmitters 1608 and one or more receivers 1610 coupled to one or more antennas 1612. and the functionality of the wireless communication device 1600 described above e.g., one or more functions of a wireless communication device 612 or UE may be fully or partially implemented in software that is, e.g., stored in the memory 1604 and executed by the processor(s). One of ordinary skill in the art would recognize that it is inherent for a complex device such as the disclosed wireless communication device to include processor, memory, transceiver and software instructions in order to be able to perform the disclosed functionalities).
wherein the first information is configured for indicating port association relationships corresponding to two Transmit-Receive Points (TRPs), (Gao, [0048] discloses multiple Transmission/Reception Points TRPs and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field or the first PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP (i.e. reads on corresponding to two TRPs) based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field or the second PTRS-DMRS association field (i.e. reads on port association relationships) comprised in the DCI (i.e. reads on wherein the first information is configured for indicating)).
and a port association relationship is configured for reflecting an association relationship between a first reference signal port and a second reference signal port (Gao, [0048] discloses Phase Tracking Reference Signal PTRS and Demodulation Reference Signal DMRS ports and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field or the first PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port (i.e. reads on between a first reference signal port) associated (i.e. reads on an association relationship) with at least one PTRS port (i.e. reads on and a second reference signal port) for PUSCH transmissions to a second TRP based (i.e. reads on for reflecting) on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field or the second PTRS-DMRS association field (i.e. reads on port association relationships is configured) comprised in the DCI).
Regarding claim 2, Gao discloses:
The method according to claim 1, (see claim 1).
wherein the two TRPs comprises a first TRP and a second TRP, and the first information comprises a first indication field and a second indication field, wherein the first indication field is configured for indicating a first port association relationship corresponding to the first TRP; and the second indication field is configured for indicating a second port association relationship corresponding to the second TRP (Gao, [0048] discloses determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field or the first PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field or the second PTRS-DMRS association field comprised in the DCI. Applicant’s Specification, [00219] recites “… Optionally, the first field is the MSB in the third indication field and the second field is the LSB in the third indication field …”).
Regarding claim 6, Gao discloses:
The method according to claim 1, (see claim 1).
wherein the two TRPs comprise a first TRP and a second TRP, the first information comprises a third indication field, wherein the third indication field is configured for indicating port association relationships corresponding to the two TRPs by a same indication field; wherein the method further comprises: determining a first port association relationship corresponding to the first TRP and a second port association relationship corresponding to the second TRP according to the third indication field (Gao, [0048] discloses determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field comprised in the DCI. Applicant’s Specification, [00219] recites “… Optionally, the first field is the MSB in the third indication field and the second field is the LSB in the third indication field …”).
Regarding claim 9, Gao discloses:
The method according to claim 6, (see claim 6).
wherein the third indication field comprises a first field and a second field; and wherein determining the first port association relationship corresponding to the first TRP and the second port association relationship corresponding to the second TRP according to the third indication field comprises: determining the first port association relationship corresponding to the first TRP according to the first field, and determining the second port association relationship corresponding to the second TRP according to the second field; (Gao, [0048] discloses determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field comprised in the DCI. Applicant’s Specification, [00219] recites “… Optionally, the first field is the MSB in the third indication field and the second field is the LSB in the third indication field …”. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “or determining the first port association relationship corresponding to the first TRP according to the first field and the second field, and determining the second port association relationship corresponding to the second TRP according to the first field and the second field”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 that recites “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art” and in MPEP 2111.04, Section ll that recites “The broadest reasonable interpretation of a claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition precedent are not met”).
Regarding claim 20, Gao discloses:
A method for configuring a reference signal, wherein the method comprises: (Gao, [0048] discloses Systems and methods are disclosed that relate to Phase Tracking Reference Signal PTRS (i.e. reads on configuring a reference signal) for Physical Uplink Shared Channel PUSCH transmissions to multiple Transmission/Reception Points TRPs).
sending, by a network device, first information to a terminal device, (Gao, [0048] discloses In one embodiment, a method performed by a wireless communication device (i.e. reads on a terminal device) comprises receiving Downlink Control Information DCI (i.e. reads on first information) from a (i.e. reads on sending by) base station (i.e. reads on a network device)).
wherein the first information is configured for indicating port association relationships corresponding to two TRPs, (Gao, [0048] discloses multiple Transmission/Reception Points TRPs and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field or the first PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP (i.e. reads on corresponding to two TRPs) based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field or the second PTRS-DMRS association field (i.e. reads on port association relationships) comprised in the DCI (i.e. reads on wherein the first information is configured for indicating)).
and a port association relationship is configured for reflecting an association relationship between a first reference signal port and a second reference signal port (Gao, [0048] discloses Phase Tracking Reference Signal PTRS and Demodulation Reference Signal DMRS ports and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field or the first PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port (i.e. reads on between a first reference signal port) associated (i.e. reads on an association relationship) with at least one PTRS port (i.e. reads on and a second reference signal port) for PUSCH transmissions to a second TRP based (i.e. reads on for reflecting) on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field or the second PTRS-DMRS association field (i.e. reads on port association relationships is configured) comprised in the DCI).
Regarding claim 21, Gao discloses:
The method according to claim 20, (see claim 20).
wherein the two TRPs comprise a first TRP and a second TRP, and the first information comprises a first indication field and a second indication field; wherein the first indication field is configured for indicating a first port association relationship corresponding to the first TRP; the second indication field is configured for indicating a second port association relationship corresponding to the second TRP (Gao, [0048] discloses determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field or the first PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field or the second PTRS-DMRS association field comprised in the DCI. Applicant’s Specification, [00219] recites “… Optionally, the first field is the MSB in the third indication field and the second field is the LSB in the third indication field …”).
Regarding claim 42, Gao discloses:
A network device, wherein the network device comprises: a processor and a transceiver connected to the processor; wherein the transceiver is configured to implement (Gao, Fig. 13 & [0178] discloses The radio access node 1300 may be, for example, a base station 602 or 606 or a network node that implements all or part of the functionality of the base station 602 or gNB as described herein or a TRP or a network node that implements at least part of the functionality of a TRP as described herein. As illustrated, the radio access node 1300 includes a control system 1302 that includes one or more processors 1304 e.g., Central Processing Units CPUs, Application Specific Integrated Circuits ASICs, Field Programmable Gate Arrays FPGAs, and/or the like, memory 1306, and a network interface 1308 and the function(s) are implemented in software that is stored, e.g., in the memory 1306 and executed by the one or more processors 1304. One of ordinary skill in the art would recognize that it is inherent for a complex device such as the disclosed base station or network node to include processor, memory, transceiver and software instructions in order to be able to perform the disclosed functionalities).
the method for configuring a reference signal according to claim 20 (see claim 20).
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) 3-5, 7, 10, 14 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US Patent Publication 2024/0080156 herein after referenced as Gao).
Regarding claim 3, Gao discloses:
The method according to claim 2, further comprising: (see claim 2).
Gao discloses in one embodiment a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field but fails to explicitly disclose in the same embodiment the limitations of “reporting, by the terminal device, a terminal capability to the network device, wherein the terminal capability is configured for indicating whether the terminal device supports a capability of being configured with the second indication field.”
In a different embodiment, Gao discloses:
reporting, by the terminal device, a terminal capability to the network device, wherein the terminal capability is configured for indicating whether the terminal device supports a capability of being configured with the second indication field (Gao, [0170] discloses For PUSCH repetition towards multiple TRPs, a UE may report a new capability on number of PT-RS ports supported, which is in addition to the existing reporting parameters, i.e., “onePortsPTRS”,“twoPortsPTRS-UL” see 3gpp TS 38.306 v16.3.0. The new parameter would indicate the maximum number of PT-RS ports toward each TRP and is applicable only to PUSCH repetitions to multiple TRPs. The reason is that different receive antenna panels could be used at a UE for PUSCH transmission to a single TRP and to multiple TRPs; Gao, Fig. 11A & [0174]-[0175] discloses As illustrated, the UE 612 reports, to the gNB 602, information including (A) support for PUSCH repetitions towards multiple TRPs, (B) support for either codebook based PUSCH with full coherent, partial-coherent, or non-coherent UL transmission, (C) support of a maximum number (e.g., 2 or 4) MIMO layers for PUSCH, and (D) a number of PTRS ports needed for PUSCH transmissions to each TRP step 1100 and The gNB 602 configures the UE 612 with (A) multiple SRS resource sets each associated with one TRP, (B) a maximum e.g., 1 or 2 number of PTRS ports for PUSCH transmission to each TRO, and (C) a maximum number e.g., 2 or 4 of MIMO layers for PUSCH step 1102 and discloses The gNB 602 sends, to the UE 612, a DCI scheduling a PUSCH repetition to multiple TRPs, where this DCI includes: (a) first and second SRI fields for non-codebook based PUSCH and possibly for codebook based PUSCH and/or first and second TPMI fields possibly for codebook based PUSCH, (b) an antenna port field, and (c) a PTRS-DMRS association field step 1104; Gao, [0097] discloses The steps of any methods disclosed herein do not have to be performed in the exact order disclosed, unless a step is explicitly described as following or preceding another step and/or where it is implicit that a step must follow or precede another step. Any feature of any of the embodiments disclosed herein may be applied to any other embodiment, wherever appropriate. Likewise, any advantage of any of the embodiments may apply to any other embodiments, and vice versa).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Gao to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Gao, [0097]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field as taught by Gao) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field with additional and/or alternative features and functionalities of the other embodiments as taught by Gao) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field (i.e. as taught by Gao) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 4, Gao discloses:
The method according to claim 3, (see claim 3).
wherein the first information is sent by the network device in response to determining that the terminal device supports the capability of being configured with the second indication field (Gao, Fig. 11A & [0174]-[0175] discloses As illustrated, the UE 612 reports, to the gNB 602, information including (A) support for PUSCH repetitions towards multiple TRPs, (B) support for either codebook based PUSCH with full coherent, partial-coherent, or non-coherent UL transmission, (C) support of a maximum number (e.g., 2 or 4) MIMO layers for PUSCH, and (D) a number of PTRS ports needed for PUSCH transmissions to each TRP step 1100 and The gNB 602 configures the UE 612 with (A) multiple SRS resource sets each associated with one TRP, (B) a maximum e.g., 1 or 2 number of PTRS ports for PUSCH transmission to each TRO, and (C) a maximum number e.g., 2 or 4 of MIMO layers for PUSCH step 1102 and discloses The gNB 602 sends, to the UE 612, a DCI scheduling a PUSCH repetition to multiple TRPs, where this DCI includes: (a) first and second SRI fields for non-codebook based PUSCH and possibly for codebook based PUSCH and/or first and second TPMI fields possibly for codebook based PUSCH, (b) an antenna port field, and (c) a PTRS-DMRS association field step 1104; Gao, [0170] discloses For PUSCH repetition towards multiple TRPs, a UE may report a new capability on number of PT-RS ports supported, which is in addition to the existing reporting parameters, i.e., “onePortsPTRS”,“twoPortsPTRS-UL” see 3gpp TS 38.306 v16.3.0. The new parameter would indicate the maximum number of PT-RS ports toward each TRP and is applicable only to PUSCH repetitions to multiple TRPs. The reason is that different receive antenna panels could be used at a UE for PUSCH transmission to a single TRP and to multiple TRPs).
Regarding claim 5, Gao discloses:
The method according to claim 2, further comprising: (see claim 2).
Gao discloses in one embodiment a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field but fails to explicitly disclose in the same embodiment the limitations of “receiving, by the terminal device, second information sent by the network device, wherein the second information is configured for indicating that the first information comprises two indication fields.”
In a different embodiment, Gao discloses:
receiving, by the terminal device, second information sent by the network device, wherein the second information is configured for indicating that the first information comprises two indication fields (Gao, [0145] discloses When one PT-RS port is configured by the higher layers for PUSCH transmission and if PUSCH repetition to two TRPs is scheduled by a DCI, in one embodiment, for non-codebook based PUSCH transmission configured with two SRS resource sets with usage set to “non-codebook”, the most significant bit MSB of the “PTRS-DMRS association” field in the DCI is associated with a first TRP or a first SRS resource set and the least significant bit LSB is associated with a second TRP or a second SRS resource set, where the first and second TRPs or the first and second SRS resource sets are associated with a first and second SRI fields in the DCI if the SRI fields are present. If the SRI fields are not present, the PT-RS field is ignored because it implies single layer PUSCH transmission with a single DMRS port. The PTRS port would be associated with the DMRS port, and there is no need for explicit indication of PTRS to DMRS association using the PTRS-DMRS association field).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Gao to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Gao, [0097]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field as taught by Gao) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field with additional and/or alternative features and functionalities of the other embodiments as taught by Gao) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field (i.e. as taught by Gao) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 7, Gao discloses:
The method according to claim 6, (see claim 6).
wherein determining the first port association relationship corresponding to the first TRP and the second port association relationship corresponding to the second TRP according to the third indication field comprises: determining a port association relationship indicated by the third indication field as the first port association relationship corresponding to the first TRP and the second port association relationship corresponding to the second TRP, (Gao, [0048] discloses determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field comprised in the DCI. Applicant’s Specification, [00219] recites “… Optionally, the first field is the MSB in the third indication field and the second field is the LSB in the third indication field …”).
Gao discloses in one embodiment a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field but fails to explicitly disclose in the same embodiment the limitations of “wherein the first port association relationship is the same as the second port association relationship”.
In a different embodiment, Gao discloses:
wherein the first port association relationship is the same as the second port association relationship (Gao, [0122] discloses In one embodiment, the MSB of the “PTRS-DMRS association” field in the DCI is associated with PT-RS port 0 and the LSB of the field is associated with PT-RS port 1. The same PT-RS to DM-RS association indicated the “PTRS-DMRS association” field in the DCI is applied to both TRPs).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Gao to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Gao, [0097]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field as taught by Gao) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field with additional and/or alternative features and functionalities of the other embodiments as taught by Gao) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field (i.e. as taught by Gao) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 10, Gao discloses:
The method according to claim 9, (see claim 9).
wherein a number of the first reference signal port corresponding to the first TRP and a number of the first reference signal port corresponding to the second TRP are both 1, (Gao, [0048] discloses determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a first TRP based on either a value of a most significant bit MSB of the single PTRS-DMRS association field comprised in the DCI and determining at least one DMRS port associated with at least one PTRS port for PUSCH transmissions to a second TRP based on either a value of a least significant bit, LSB, of the single PTRS-DMRS association field comprised in the DCI).
Gao discloses in one embodiment a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field but fails to explicitly disclose in the same embodiment the limitations of “and the second reference signal port comprises a first group of second reference signal ports and a second group of second reference signal ports; and wherein determining the first port association relationship corresponding to the first TRP according to the first field, and determining the second port association relationship corresponding to the second TRP according to the second field comprises: determining a first association relationship between the first reference signal port corresponding to the first TRP and one second reference signal port in the first group of second reference signal ports according to the first field; and determining a second association relationship between the first reference signal port corresponding to the second TRP and one second reference signal port in the second group of second reference signal ports according to the second field.”
In a different embodiment, Gao discloses:
and the second reference signal port comprises a first group of second reference signal ports and a second group of second reference signal ports; and wherein determining the first port association relationship corresponding to the first TRP according to the first field, and determining the second port association relationship corresponding to the second TRP according to the second field comprises: determining a first association relationship between the first reference signal port corresponding to the first TRP and one second reference signal port in the first group of second reference signal ports according to the first field; and determining a second association relationship between the first reference signal port corresponding to the second TRP and one second reference signal port in the second group of second reference signal ports according to the second field (Gao, [0068] discloses In one embodiment, the DCI comprises the two PTRS-DMRS association fields, the first and the second PTRS-DMRS fields, each having 2 bits. The MSB of the first PTRS-DMRS association field indicates the first DMRS port associated to the first PTRS port from among a first DMRS port group, the LSB of the first PTRS-DMRS association field indicates the second DMRS port associated to the second PTRS port from among a second DMRS port group, the MSB of the second PTRS-DMRS association field indicates the third DMRS port associated to the third PTRS port from among the first DMRS port group, and the LSB of the second PTRS-DMRS association field indicates the fourth DMRS port associated to the fourth PTRS port from among the second DMRS port group; Gao, [0124] discloses In a further embodiment, the MSB and LSB of the “PTRS-DMRS association” field in the DCI are for the first and second TRPs, respectively. For each TRP, a first and a second DMRS ports are selected from a first and second DMRS port groups for PT-RS ports 0 and 1, respectively, where the first and second DMRS ports are associated with a first and a second PUSCH or SRS port groups, respectively. The selection is rank dependent).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Gao to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Gao, [0097]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field as taught by Gao) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field with additional and/or alternative features and functionalities of the other embodiments as taught by Gao) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field (i.e. as taught by Gao) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 14, Gao discloses:
The method according to claim 9, (see claim 9).
(EXAMINER’S NOTE: The examiner notes that the current claims are written in a contingent limitation format directed towards limitations contingent on a selection of a non-selected alternative option recited in the preceding limitations (i.e. see claim 9 reciting non-selected alternative limitations of “or determining the first port association relationship corresponding to the first TRP according to the first field and the second field, and determining the second port association relationship corresponding to the second TRP according to the first field and the second field”) and as such are crossed out (i.e. the limitations reciting “wherein determining the first port association relationship corresponding to the first TRP according to the first field and the second field, and determining the second port association relationship corresponding to the second TRP according to the first field and the second field comprises: determining a port association relationship indicated by the first field and the second field as the first port association relationship corresponding to the first TRP; and determining the second port association relationship corresponding to the second TRP according to the first port association relationship and a second predefined relationship, wherein the first port association relationship is different from the second port association relationship.”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03, Section C that recites “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art” and in MPEP 2111.04, Section ll that recites “The broadest reasonable interpretation of a claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition precedent are not met”).
Regarding claim 22, Gao discloses:
The method according to claim 21, further comprising: (see claim 21).
Gao discloses in one embodiment a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field but fails to explicitly disclose in the same embodiment the limitations of “receiving, by the network device, a terminal capability reported by the terminal device, wherein the terminal capability is configured for indicating whether the terminal device supports a capability of being configured with the second indication field.”
In a different embodiment, Gao discloses:
receiving, by the network device, a terminal capability reported by the terminal device, wherein the terminal capability is configured for indicating whether the terminal device supports a capability of being configured with the second indication field (Gao, [0170] discloses For PUSCH repetition towards multiple TRPs, a UE may report a new capability on number of PT-RS ports supported, which is in addition to the existing reporting parameters, i.e., “onePortsPTRS”,“twoPortsPTRS-UL” see 3gpp TS 38.306 v16.3.0. The new parameter would indicate the maximum number of PT-RS ports toward each TRP and is applicable only to PUSCH repetitions to multiple TRPs. The reason is that different receive antenna panels could be used at a UE for PUSCH transmission to a single TRP and to multiple TRPs; Gao, Fig. 11A & [0174]-[0175] discloses As illustrated, the UE 612 reports, to the gNB 602, information including (A) support for PUSCH repetitions towards multiple TRPs, (B) support for either codebook based PUSCH with full coherent, partial-coherent, or non-coherent UL transmission, (C) support of a maximum number (e.g., 2 or 4) MIMO layers for PUSCH, and (D) a number of PTRS ports needed for PUSCH transmissions to each TRP step 1100 and The gNB 602 configures the UE 612 with (A) multiple SRS resource sets each associated with one TRP, (B) a maximum e.g., 1 or 2 number of PTRS ports for PUSCH transmission to each TRO, and (C) a maximum number e.g., 2 or 4 of MIMO layers for PUSCH step 1102 and discloses The gNB 602 sends, to the UE 612, a DCI scheduling a PUSCH repetition to multiple TRPs, where this DCI includes: (a) first and second SRI fields for non-codebook based PUSCH and possibly for codebook based PUSCH and/or first and second TPMI fields possibly for codebook based PUSCH, (b) an antenna port field, and (c) a PTRS-DMRS association field step 1104; Gao, [0097] discloses The steps of any methods disclosed herein do not have to be performed in the exact order disclosed, unless a step is explicitly described as following or preceding another step and/or where it is implicit that a step must follow or precede another step. Any feature of any of the embodiments disclosed herein may be applied to any other embodiment, wherever appropriate. Likewise, any advantage of any of the embodiments may apply to any other embodiments, and vice versa).
Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Gao to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Gao, [0097]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field as taught by Gao) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field with additional and/or alternative features and functionalities of the other embodiments as taught by Gao) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of a wireless device receiving a DCI from the base station that includes a PTRS-DMRS port association field (i.e. as taught by Gao) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04.
Regarding claim 23, Gao discloses:
The method according to claim 22,(see claim 21).
wherein sending, by the network device, the first information to the terminal device comprises: in response to determining that the terminal device supports the capability of being configured with the second indication field, sending, by the network device, the first information to the terminal device (Gao, Fig. 11A & [0174]-[0175] discloses As illustrated, the UE 612 reports, to the gNB 602, information including (A) support for PUSCH repetitions towards multiple TRPs, (B) support for either codebook based PUSCH with full coherent, partial-coherent, or non-coherent UL transmission, (C) support of a maximum number (e.g., 2 or 4) MIMO layers for PUSCH, and (D) a number of PTRS ports needed for PUSCH transmissions to each TRP step 1100 and The gNB 602 configures the UE 612 with (A) multiple SRS resource sets each associated with one TRP, (B) a maximum e.g., 1 or 2 number of PTRS ports for PUSCH transmission to each TRO, and (C) a maximum number e.g., 2 or 4 of MIMO layers for PUSCH step 1102 and discloses The gNB 602 sends, to the UE 612, a DCI scheduling a PUSCH repetition to multiple TRPs, where this DCI includes: (a) first and second SRI fields for non-codebook based PUSCH and possibly for codebook based PUSCH and/or first and second TPMI fields possibly for codebook based PUSCH, (b) an antenna port field, and (c) a PTRS-DMRS association field step 1104; Gao, [0170] discloses For PUSCH repetition towards multiple TRPs, a UE may report a new capability on number of PT-RS ports supported, which is in addition to the existing reporting parameters, i.e., “onePortsPTRS”,“twoPortsPTRS-UL” see 3gpp TS 38.306 v16.3.0. The new parameter would indicate the maximum number of PT-RS ports toward each TRP and is applicable only to PUSCH repetitions to multiple TRPs. The reason is that different receive antenna panels could be used at a UE for PUSCH transmission to a single TRP and to multiple TRPs).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KIM et al. (US Patent Publication 2023/0232415) discloses a system and method for performing, by a terminal, an uplink transmission in a wireless communication system according to an embodiment of the present disclosure comprises the steps of: receiving, from a base station, downlink control information DCI including a phase tracking reference signal PTRS-demodulation reference signal DMRS association field; and performing the uplink transmission on the basis of the DCI. The PTRS-DMRS association field may include first information for a first resource group, related to the association between a PTRS port and a DMRS port and second information for a second resource group, related to the association between the PTRS port and the DMRS port and one resource group may correspond to one transmission reception point TRP and the PTRS-DMRS association field may consist of 2 bits. In addition, a most significant bit MSB and a least significant bit LSB among the PTRS-DMRS association fields may separately/independently indicate association between PTRS and DMRS for each resource group. Specifically, the MSB of the 2 bits among the 2 bits may indicate one of the first information related to the association between the PTRS port and the DMRS port for the first resource group or the second information related to the association between the PTRS port and the DMRS port for the second resource group, the LSB among the 2 bits may indicate the other one of the first information or the second information.
Xiao et al. (US Patent Publication 2025/0286669) discloses In RAN1 #104b is e-meeting, the issue on PT-RS and demodulation reference signal DMRS association for PUSCH transmission with larger than two layers was discussed, and three options were provided to indicate the association, including: Option 1 - 4 bits: with a second PT-RS-DMRS association field similar to the existing field, and each field separately indicating the association between PT-RS port and DMRS port for two TRPs. and Option 2 - 2 bits: using the existing PT-RS-DMRS association field in DCI for the first TRP, and using reserved entries/bits in DMRS port indication field for the second TRP. and Option 3 - 2 bits: 1 bit most significant bit MSB is used to indicate PT-RS-DMRS association for the first TRP, and 1 bit least significant bit LSB is used to indicate PT-RS-DMRS association for the second TRP.
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/MICHAEL Y MAPA/Primary Examiner, Art Unit 2645
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