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 . Claims 1-3, 5-14, 17, and 19-24 are pending in this application.
Response to Arguments
Applicant's arguments filed 06/25/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the sequence-based transmission comprise both I) wherein, based at least in part on the sequence-based transmission comprising the first payload without the second payload, the first payload comprises at least one bit comprising first information and at least one bit comprising second information, and II) wherein, based at least in part on the sequence-based transmission comprising the first payload and the second payload, the first payload comprises the at least one bit comprising the first information without the at least one bit comprising the second information) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The examiner notes that applicant’s argument is not persuasive because the feature upon which applicant appears to construe the claim as requiring both a sequence-based transmission comprising the first payload without the second payload and (emphasized) a sequence-based transmission comprising the first payload and the second payload. However, the claim expressly recites these as alternatives joined by “or”. The “and” recited in the second alternative merely identifies the contents of that alternative and does not modify the preceding “or” to require both alternatives to be satisfied. Therefore Applicant’s argument is directed to a limitation not recited in the rejected claim and does not distinguish the claimed subject matter over Yerramalli and Lee.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-14, 17, and 19-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli (US 2018/0176904) and in view of Lee (US 2022/0248410).
Re Claim 1, Yerramalli discloses A user equipment (UE) for wireless communication, comprising:
one or more memories ([0082], base station memory, UE memory); and
one or more processors coupled with the one or more memories and configured to cause the UE to ([0082], base station controller/processor with base state memory or UE memory):
generate, at the UE, (Claim 1, first UE receives from the base station an allocation of one or more codes or cyclic shifts to transmit the first payload on a single interlace. The allocation is based on whether the first payload is to be multiplex with a second payload on the single interlace of resources) a sequence-based transmission ([0013]-[0015], consists of a first transmission and a second transmission. There is a sequence to sending something first and second) comprising at least a first payload, the first payload having a size that is based at least in part on whether the sequence-based transmission comprises the first payload without a second payload or comprises the first payload and the second payload ([0109]-[0111], determine whether to multiplex the payloads of one or more UEs based on the sizes of the payload. In other words, the eNodeB determines if the payloads are to be multiplexed based on the size. The information is sent from eNodeB to the UE for the UE to interlace or not interlace the payloads.); and
wherein, based at least in part on the sequence-based transmission
comprising the first payload without the second payload, the first payload
comprises at least one bit comprising first information and at least one cyclic shift
comprising second information ([0109]-[0111], Allocating codes or cyclic shits to one or more UE to transmit the payloads on a single interface based on multiplexing the payloads. Determines that the payloads are not interlaced), and
wherein, based at least in part on the sequence-based transmission
comprising the first payload and the second payload, the first payload comprises
the at least one bit comprising the first information without the at least cyclic shift
comprising the second information ([0109]-[0111], Allocating codes or cyclic shits to one or more UE to transmit the payloads on a single interface based on multiplexing the payloads. Determines that the payloads are to be interlaced); and
transmit, From the UE, the sequence-based transmission to a network node (Claim 1, transmitting from the UE to the base station, the first payload on the single interlace. [0088], [0109]-[0110], base station determines if the payloads are to be multiplexed on the interlace of resources based on the payload size threshold. UE1 receives and applies the first code and/or cyclic shift to the UE1 transmission and transmits the UE1 transmission on the uplink multiplexed interlace of resources ).
While Yerramalli discloses the information provided by UEs provide a buffer status report (BSR) associated with transmitting a payload which includes PUSCH information, such as RRC signaling message, uplink control information (UCI) application data, etc.),
adding the cyclic shift, it does not clearly disclose the cyclic shift is in a bit format.
In the same field of endeavor, Lee discloses wherein the sequence-based transmission is an uplink control information (UCI) transmission of the UE ([0070] the UE transmits the /PUCCH/PUSCH/PRACH carries uplink control information (UCI), UL data, and a random access signal),
Bits comprising information ([0172] that applying the cyclic shift to the UCI can carry sizes of up to certain bits).
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Yerramalli’s uplink resources with cyclic shifts with Lee’s uplink control information by applying a cyclic shift to both the UCI and DMRS. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to allow the user equipment to transmit an uplink signal in a wireless communication.
Re Claim 2, Yerramalli discloses wherein the one or more processors are further configured to cause the UE to:
select a cyclic shift based at least in part on whether the sequence-based transmission comprises the first payload without the second payload or comprises the first payload and the second payload, wherein applying the selected cyclic shift to a sequence generates the sequence-based transmission comprising the first payload without the second payload or comprising the first payload and the second payload ([0109]-[0111], Allocating codes or cyclic shits to one or more UE to transmit the payloads on a single interface based on multiplexing the payloads. Determines that the payloads are not interlaced).
Re Claim 3, Yerramalli discloses wherein the one or more processors, to cause the UE to select the cyclic shift based at least in part on the sequence-based transmission comprising the first payload without the second payload and to cause the UE to select the cyclic shift based at least in part on the sequence-based transmission comprising the first payload with the second payload, are configured to cause the UE to select the cyclic shift from a same set of candidate cyclic shifts ([0109]-[0111], Allocating codes or cyclic shits to one or more UE to transmit the payloads on a single interface based on multiplexing the payloads. Determines that the payloads are to be interlaced).
Re Claim 5, Yerramalli discloses wherein the one or more processors are further configured to cause the UE to:
receive control signaling indicating a configuration for the first information, the second information, or both ([0080], UE antennas receive downlink signals from base station an provide received signals to UE modulators/demodulators).
Re Claim 6, Yerramalli discloses wherein the control signaling comprises radio resource control signaling ([0077], radio resource frequency).
Re Claim 7, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Yerramalli for the same reasons identified in the rejection of claim 1. In addition, Lee discloses
the first information comprises:
a hybrid automatic repeat request acknowledgement, or
a hybrid automatic repeat request negative acknowledgement ([0161], hybrid ARQ (HARQ) feedback indicates positive acknowledgements and negative acknowledgements); and
the second information comprises:
an indication of a redundancy version associated with a retransmission (table 8, [0222]-[0227], redundancy version is set.),
Re Claim 8, Yerramalli discloses transmit signaling comprising an indication of a capability of the UE to generate sequence-based transmissions having dynamic payload sizes, wherein generating the sequence-based transmission is based at least in part on the capability of the UE ([0109], determine the different sizes of payloads to be transmitted by the UE).
Re Claim 9, Yerramalli discloses wherein a size of the sequence-based transmission is the same if the sequence-based transmission comprises the first payload without the second payload and if the sequence-based transmission comprises the first payload and the second payload ([0108]-[0111], determine the first payload size threshold is less than or equal to the maximum payload size for the multiplexing payloads on the interlace of resources).
Re Claim 10, Yerramalli discloses the sequence-based transmission has a first size based at least in part on the sequence-based transmission comprising the first payload without the second payload ([0014], determines not to multiplex the payloads); and
the sequence-based transmission has a second size that is smaller than the first size based at least in part on the sequence-based transmission comprising the first payload and the second payload ([0109]-[0112], determine the first payload size threshold is less than or equal to the maximum payload size for the multiplexing payloads on the interlace of resources).
Re Claim 11, Yerramalli discloses wherein the first payload corresponds to an uplink control information payload ([0102], [0109], first payloads to be transmitted by a first UE. The payloads are transmitting using PUSH, RRC signaling message, uplink control information (UCI), etc.).
Re Claim 12, Yerramalli discloses wherein the second payload comprises one or more bits associated with a scheduling request ([0119], scheduling request includes information indicating a size of the UE2 payload is 45 bits).
Re Claim 21, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Yerramalli for the same reasons identified in the rejection of claim 1. In addition, Lee discloses
the first information comprises:
a hybrid automatic repeat request acknowledgement, or
a hybrid automatic repeat request negative acknowledgement ([0161], hybrid ARQ (HARQ) feedback indicates positive acknowledgements and negative acknowledgements); and
the second information comprises: a request to increase modulation and coding scheme for a retransmission (table 8 & 9, [0222]-[0227], set the DCI format 0_0 and DCI format 1_0 to all “1”s).
Re Claim 23, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Yerramalli for the same reasons identified in the rejection of claim 1. In addition, Lee discloses based at least in part on the sequence-based transmission comprising the first payload and the second payload, the first payload comprises the at least one bit comprising the first information without the at least one bit comprising the second information comprises:
based at least in part on the sequence-based transmission comprising one or more hybrid automatic repeat request acknowledgement (HARQ) bits and one or more scheduling request (SR) bits, the first payload comprises the one or more HARQ bits without the at least one bit comprising the second information ([0161]-[0164], [0193], PUCCH is a physical-layer channel for UCI transmission and that the PUCCH carries UCI which includes scheduling request (SR), Hybrid automatic repeat request acknowledgement (HARQ-AXK) as types of UCI. UCI (payload) size (e.g. the number of UCI bits) indicate the PUCCH resource used for transmission may be determined based on the UCI payload size); and
based at least in part on the sequence-based transmission comprising the first payload without the second payload, the first payload comprises the at least one bit comprising the first information and the at least one bit comprising the second information comprises:
based at least in part on the sequence-based transmission comprising the one or more HARQ bit without the one or more SR bits, the first payload comprises the one or more HARQ bits and the at least one bit comprising the second information ([0161]-[0164], [0193], PUCCH is a physical-layer channel for UCI transmission and that the PUCCH carries UCI which includes scheduling request (SR), Hybrid automatic repeat request acknowledgement (HARQ-AXK) as types of UCI. UCI (payload) size (e.g. the number of UCI bits) indicate the PUCCH resource used for transmission may be determined based on the UCI payload size).
With respect to claims 13-14, 17, 19-20, they are similar claims to 1-3 and 5-12 and therefore are rejected for the same reasons above.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli and in view of Lee and in view of Papasakellariou (US 2018/0310257).
Re Claim 22, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Yerramalli for the same reasons identified in the rejection of claim 1. In addition, Lee discloses the first information comprises:
a hybrid automatic repeat request acknowledgement, or
a hybrid automatic repeat request negative acknowledgement ([0161], hybrid ARQ (HARQ) feedback indicates positive acknowledgements and negative acknowledgements).
While Lee discloses HARQ information, Yerramalli and Lee does not disclose, however, Papasakellariou discloses the second information comprises an indication that the UE does not have a recommendation of a redundancy version associated with a retransmission or a modulation and coding scheme for the retransmission ([0186], when the UE is power limited and cannot support simultaneous PUCCH transmissions, it will drop the transmission of the second PUCCH conveying the second HARQ-ACK information).
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Yerramalli and Lee’s communication sources with Papasakellariou’s power management to include second PUCCH transmissions. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to allow the user equipment to have a parameter set for power control processes to determine the PUCCH transmission power.
Re Claim 24, Yerramalli and Lee does not disclose, however, Papasakellariou discloses wherein the first payload comprising the one or more HARQ bits and the at least one bit comprising the second information comprises: the first payload comprising the one or more HARQ bits and at least one bit indicating one of:
a redundancy version (RV) index requested by the UE for a retransmission of a transport block ([0387]-[0389], when the gNB correctly detects the HARQ-ACK codebook, the gNB can retransmit CBGs with a corresponding NACK value in the HARQ-ACK codeword and, for a same HARQ process number, indicate a next redundancy version (RV) value in the RV field included in the DCI format.);
a request to increase a modulation and coding scheme (MCS) for a subsequent retransmission; or
an indication that the UE does not have a recommendation for a subsequent retransmission.
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Yerramalli and Lee’s UE and uplink control information with Papasakellariou’s HARQ retransmission and redundancy-version technique. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to provide HARQ-related control information in a n uplink transmission and provide additional information relevant to managing a subsequent transmission.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HO T SHIU whose telephone number is (571)270-3810. The examiner can normally be reached Mon-Fri (9:00am - 5:00pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Taylor can be reached at 571-272-3089. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HO T SHIU/Examiner, Art Unit 2443
HO T. SHIU
Examiner
Art Unit 2443
/NICHOLAS R TAYLOR/Supervisory Patent Examiner, Art Unit 2443
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