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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/3/2025 has been entered.
Claims 1-20 are pending and presented for examination.
Response to Amendment
Claims 1-20 examined based on amendments to claims 1, 10, 11 & 20 and presented for examination.
Response to Arguments
Applicant's arguments filed 12/03/2025 have been fully considered but they are not persuasive.
Regarding claims 1 & 11, applicant submits that Stoica does not disclose all of the limitations of amended claims 1 and 11. Examiner respectfully disagrees noting that a claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art that teaches every element required by the claim under its broadest reasonable interpretation (see §MPEP 2131).
Applicant argues that paragraphs [0102] & [0138] of Stoica (note: all of the following paragraph references in this “Response to Arguments” section refer to Stoica unless noted otherwise) fail to disclose maintaining any "current total amount of successfully decoded NC PDUs generated using the NC generation," and any "current total amount of NC PDUs generated by NC generation and transmitted.". Examiner notes that the previous office action cites [0228] as disclosing a number of correctly received CBs and [0104] discloses that CBs may correspond to network-coded MAC PDUs (i.e. NC PDUs generated using a NC generation based on a NC configuration as disclosed in [0004]). Thus, examiner interprets [0004], [0104] & [0228] to disclose “a current total amount of successfully decoded NC PDUs generated using the NC generation” and respectfully disagrees that this limitation is not disclosed by Stoica. Examiner notes that the previous office action cites [0138] as disclosing a total number of CBs transmitted and [0104] discloses that CBs may correspond to network-coded MAC PDUs (i.e. NC PDUs generated using a NC generation based on a NC configuration as disclosed in [0004]). Thus, examiner interprets [0004], [0104] & [0138] to disclose “a current total amount of NC PDUs generated using the NC generation and which have been transmitted” and respectfully disagrees that this limitation is not disclosed by Stoica.
Applicant argues that [0102] fails to disclose taking a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated minus the current total amount transmitted. Examiner notes that the current application specification only states a formula based on “the current total amount of successfully decoded NC PDUs generated using the NC generation plus the total amount of NC PDUs generated using the NC generation minus a current total amount of NC PDUs generated using the NC generation and which have been transmitted” and does not specifically recite taking a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated minus the current total amount transmitted. However, examiner interprets “the current total amount of successfully decoded NC PDUs generated using the NC generation plus the total amount of NC PDUs generated using the NC generation” in the current application specification as disclosing taking a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated. Similarly, examiner has demonstrated in the previous office action (see pages 7-8 & 11-12) that Stoica discloses an equivalent equation to “the current total amount of successfully decoded NC PDUs generated using the NC generation plus the total amount of NC PDUs generated using the NC generation minus a current total amount of NC PDUs generated using the NC generation and which have been transmitted” which, while does not specifically cite taking a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated minus the current total amount transmitted, examiner interprets the equivalent equation to “the current total amount of successfully decoded NC PDUs generated using the NC generation plus the total amount of NC PDUs generated using the NC generation” in Stoica as disclosing taking a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated.
Applicant argues that Stoica in paragraph [0138] never refers to NC protocol data units (NC PDUs). Examiner notes that [0138] discloses a total number of CBs and [0104] discloses that CBs may correspond to network-coded MAC PDUs. Thus, examiner interprets a total number of CBs as “NC service data units (NC PDUs)” and respectfully disagrees that Stoic never refers to NC protocol data units (NC PDUs).
Applicant argues that Stoica in paragraph [0138] never refers to NC service data units (NC SDUs). Examiner notes that [0138] discloses a total number of CBs and [0104] discloses that CBs may correspond to network-coded MAC PDUs. Fig 11, [0100] & [0113] disclose CBs based on MAC SDUs that may include network-coded packets (i.e. represent NC SDUs). Thus, NC SDUs are disclosed by Stoica and are used to create the CBs that represent the NC PDUs and respectfully disagrees that Stoica never refers to NC service data units (NC SDUs).
Applicant argues that Stoica in paragraph [0138] never refers to an NC generation. Examiner notes that [0102] discloses a NC configuration that may contain information including an NC information packets number (i.e. number of original source packets, or an NC generation). Thus, an NC generation is disclosed by Stoica and used to network code MAC SDUs to create CBs representing NC PDUs as discussed above and examiner respectfully disagrees that Stoic never refers to an NC generation.
Applicant argues that [0138] fails to disclose an “amount of NC PDUs required to successfully recover NC SDUs of the NC generation” and a “total amount of NC PDUs generated”. Examiner notes that the previous office action cited [0100]- [0103] as disclosing a UE determining a necessary minimum number of correctly received CBs threshold (i.e. an amount of NC PDUs required to successfully recover NC MAC SDUs of the NC generation). Examiner notes that the previous office action cited [0102] as disclosing an NC information packets number (i.e. a total amount of NC PDUs generated).
Applicant argues that [0227] does not disclose generating TB-based HARQ acknowledgement feedback information “for each TB of all received TBs carrying NC PDUs generated using the NC generation”. Examiner respectfully disagrees noting that, as acknowledged by applicant, [0227] discloses per-transport-block decisions. [0227] specifically discloses reporting HARQ ACK feedback for each TB of at least one TB, which represents generating TB-based HARQ acknowledgement feedback information “for each TB of all received TBs carrying NC PDUs generated using the NC generation”.
Applicant argues that [0227] does not describe any current total amount of successfully decoded NC PDUs generated using an NC generation, or describe any current total amount of NC PDUs generated by an NC generation and transmitted, or any total amount of NC PDUs generated for that generation, or any comparison to an amount of NC PDUs required to successfully recover NC SDUs of that generation. Examiner notes that the previous office action cited [0228] as disclosing a number of correctly received CBs being less than a CB threshold as a necessary minimum number oof correctly received CBs, which discloses a “current total amount of successfully decoded NC PDUs generated using an NC generation” and a “comparison to an amount of NC PDUs required to successfully recover NC SDUs of that generation”, and thus examiner respectfully disagrees that these limitations are not disclosed by Stoica. Examiner notes that the previous office action cites [0138] as disclosing a total number of CBs transmitted and [0104] discloses that CBs may correspond to network-coded MAC PDUs (i.e. NC PDUs generated using a NC generation based on a NC configuration as disclosed in [0004]). Thus, examiner interprets [0004], [0104] & [0138] to disclose “a current total amount of NC PDUs generated using the NC generation and which have been transmitted” and a “total amount of NC PDUs generated using the NC generation” and respectfully disagrees that these limitations are not disclosed by Stoica.
Applicant argues that [0228] discloses information regarding a NACK rule which is entirely at the level of a single transport block, which is different than the claimed limitations of claims 1 & 11. Examiner respectfully disagrees noting that the limitations in claims 1 & 11 are for generating “TB-based HARQ ACK feedback for each TB of all received TBs”. Generating TB-based HARQ ACK feedback for each TB is the same as generating ACK and NACK rules that represent per TB ACK and NACK HARQ feedback for each TB as disclosed by Stoica.
Applicant argues that [0228] does not describe use of a "current total amount of successfully decoded NC PDUs generated using the NC generation," it does not consider "the amount of NC PDUs required to successfully recover NC SDUs of the NC generation," it does not mention "the total amount of NC PDUs generated" or "a current total amount of NC PDUs generated by NC generation and transmitted," and it certainly does not state that TB-based HARQ ACK feedback information is generated "for each TB of all received TBs carrying NC PDUs generated using the NC generation" based on the combination of condition (i) and condition (ii) set out in the independent claims. Examiner notes that while each of these limitations may not be disclosed entirely by [0228], the above discussion has explained how each and every one of these limitations are disclosed by Stoica, and thus examiner respectfully disagrees that these limitation are not disclosed by Stoica.
Applicant argues in summary that Stoica fails to disclose generating TB-based HARQ acknowledgment feedback information for each transport block of all received transport blocks carrying NC PDUs generated using an NC generation based on both (i) a current total amount of successfully decoded NC PDUs generated using the NC generation being less than the amount of NC PDUs required to successfully recover NC SDUs of the NC generation, and (ii) a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated minus a current total amount of NC PDUs generated by NC generation and transmitted being greater than or equal to the amount of NC PDUs required to successfully recover NC SDUs of the NC generation. Examiner respectfully disagrees based on the above discussion in this section.
Regarding claims 2, 6-10, 12 and 16-20, applicant submits that claims 2, 6-10, 12 and 16-20 include all the same features of claims 1 or 11 from which they depend, and thus for the same arguments made for claims 1 & 11, Stoica does not disclose all of the limitations of these dependent claims. For the same reasons as discussed above for claims 1 & 11, examiner maintains that Stoica does disclose all of the features of claims 2, 6-10, 12 and 16-20 and maintains 35 U.S.C. 102 rejection of these dependent claims.
Regarding claims 3, 4, 13 & 14, applicant submits that claims 3, 4, 13 & 14 include all the same features of claims 1 or 11 from which they depend, and thus for the same arguments made for claims 1 & 11, Stoica in view of Duplication of Parts (see MPEP section 2144.04 (VI.B)) does not disclose all of the limitations of these dependent claims. For the same reasons as discussed above for claims 1 & 11, examiner maintains that Stoica in view of Duplication of Parts does disclose all of the features of claims 3, 4,13 & 14 and maintains 35 U.S.C. 103 rejection of these dependent claims.
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 pre-AIA 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.
Claims 1, 2, 6-12 & 16-20 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Stoica et al. (WO 2023/170586)(herein after “Stoica”).
Regarding Claim 1, Stoica discloses a method implemented by a wireless transmit/receive unit (WTRU) (Fig 1 & [0044-0045] disclose remote units 102 that can communicate with network units 114), the method comprising:
receiving configuration information associated with transport block (TB)-based hybrid automatic repeat request (HARQ) feedback ([0049] discloses receiving NC configuration information associated with NC-aware HARQ feedback for each TB.);
receiving downlink control information (DCI) scheduling a physical downlink shared channel (PDSCH) transmission ([0101] discloses a UE receiving DCI scheduling of PDSCH data traffic transmission.), the DCI including information indicating:
(i) an identifier of a network coding (NC) generation ([0102] discloses that the DCI may include information detailing a NC codebook type (e.g. a NC generation).), (ii) a number of NC protocol data units (PDUs) required to successfully recover NC service data units (SDUs) of the NC generation ([0102] discloses that the DCI may include a NC information transmission size, a NC maximum transmission size and a NC redundancy level. [0100] & [0103] discloses that based on the NC configuration information received, the UE is able to determine a necessary minimum number of correctly received CBs to decode recover NC MAC SDUs of the NC codebook. [0104] discloses that CBs may correspond to network-coded MAC PDUs (i.e. NC PDUs).), (iii) a total amount of NC PDUs generated using the NC generation ([0102] discloses that the DCI may include an NC information packets number (e.g. total amount of NC PDUs generated using the NC generation), and (iv) a number of NC PDUs to be transmitted by the PDSCH transmission ([0102] discloses that the DCI may include a number of NC packets (e.g. NC PDUs) to be transmitted with a TB (e.g. by a PDSCH transmission).);
receiving the PDSCH transmission which includes one or more transport blocks (TBs), the one or more TBs carrying one or more NC PDUs generated using the NC generation (Fig 12 & [0115] disclose reception of a TB from a PDSCH transmission containing a number of CBs (e.g. NC PDUs) generated from network coded PDUs.);
generating TB-based HARQ acknowledgment (ACK) feedback information for each TB of all received TBs carrying NC PDUs generated using the NC generation ([0227] discloses HARQ-ACK of a TB containing CBs of a generation (e.g. NC PDUs of a generation).) based on
(i) a current total amount of successfully decoded NC PDUs generated using the NC generation being less than the amount of NC PDUs required to successfully recover NC SDUs of the NC generation ([0228] discloses a number of correctly received CBs being less than a CB threshold as a necessary minimum number of correctly received CBs.), and
(ii) a sum of the current total amount of successfully decoded NC PDUs ([0227] discloses a number of correctly received CBs (examiner denotes this as Nr).) and
the total amount of NC PDUs generated ([0102] discloses that NC configuration information such as total number of CBs (examiner denotes this as Y) may be provided through a DCI) minus
a current total amount of NC PDUs generated by NC generation and transmitted ([0138] discloses a total number of CBs transmitted (examiner denotes this as Nt).) being greater than or equal to
the amount of NC PDUs required to successfully recover NC SDUs of the NC generation ([0227] discloses a necessary minimum number of correctly received CBs (examiner denotes this as X).).
([0227] discloses a NC-aware HARQ-ACK feedback that compares a number of erroneously received CBs (examiner denotes this as Ne) being less than or equal to a threshold representing a tolerated maximum number of CB errors (examiner denotes this as Z), or mathematically Ne ≤ Z. The tolerable maximum number of CB errors (Z) is equal to the total number of CBs (Y) minus the minimum number of CBs required for successful decoding (X), or mathematically Z = Y – X. The total number of CBs which have been transmitted (Nt) minus the number of correctly received CBs (Nr) is equal to the number of erroneously received CBs (Ne), or mathematically Nt – Nr = Ne. Thus, a number of erroneously received CBs being less than or equal to a threshold representing a tolerated maximum number of CB errors is given by Ne ≤ Z or Nt – Nr ≤ Y – X or Nr + Y – Nt ≥ X. This demonstrates that the TB-based HARQ-ACK feedback based on a number of CB errors being less than or equal to a tolerated maximum number of CB errors threshold, as taught by Stoica, is equivalent to the TB-based HARQ-ACK feedback based on a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated (i.e. Nr + Y) minus a current total amount of NC PDUs generated by NC generation and transmitted being greater than or equal to the amount of NC PDUs required to successfully recover NC SDUs of the NC generation.); and
sending the TB-based HARQ ACK feedback information ([0096] discloses an NC-aware HARQ-ACK feedback for each TB transmission is fed back to the original transmitter).
Regarding Claim 2, Stoica discloses further comprising: determining a number of additional NC PDUs for retransmission based on the current total amount of successfully decoded NC PDUs generated using the NC generation and the amount of NC PDUs required to successfully recover the NC SDUs of the NC generation ([0159] discloses a procedure for determining a number of additional CBs for retransmission that could be corrected to increase a total number of correctly received CBs to a CB threshold required for successful decoding.);
and sending a codepoint indicating the amount of additional NC PDUs for retransmission (Table 4 & [0164] disclose sending of a CBG identifier based on a 2-bit codebook indicating the amount of additional CBs for retransmission.).
Regarding Claim 6, Stoica discloses further comprising: transmitting information indicating the current total amount of successfully decoded NC PDUs generated using the NC generation and/or the current total amount of NC PDUs generated using the NC generation and which have been transmitted ([0152] discloses a HARQ-ACK or HARQ-NACK feedback, indicating a current total amount of successfully decoded CBs for each CBG in a TB, may be reported back to an original transmitter.).
Regarding Claim 7, Stoica discloses wherein the transmitting of the information indicating the current total amount of successfully decoded NC PDUs generated using the NC generation and/or the current total amount of NC PDUs generated using the NC generation and which have been transmitted is via uplink control information (UCI) and/or a medium access control control element (MAC CE) ([0211] discloses that HARQ-ACK or HARQ-NACK feedback, indicating a current total amount of successfully decoded CBs for each CBG in a TB, may be transmitted via UCI.).
Regarding Claim 8, Stoica discloses further comprising: receiving, via the DCI and/or a medium access control control element (MAC CE), information indicating a set of NC coefficients associated with the plurality of NC PDUs included in the PDSCH transmission ([0057] discloses receiving NC configuration information (e.g. NC coefficients) associated with a plurality of CBs in a PDSCH. [0101] discloses a UE may be receiving the NC configuration information through DCI scheduling or MAC-CE signaling.).
Regarding Claim 9, Stoica discloses further comprising: decoding, using the set of NC coefficients, the received plurality of NC PDUs included in the PDSCH transmission to obtain one or more successfully recovered NC SDUs from the received plurality of NC PDUs included in the PDSCH transmission ([Fig 12 & [0115] disclose decoding, using a set of NC coefficients, a received plurality of CBs included in a PDSCH to obtain one or more successfully recovered MAC SDUs.).
Regarding Claim 10, Stoica discloses further comprising: receiving information indicating a code rate, the code rate representing a ratio of the plurality of NC SDUs that form the NC generation to a plurality of NC PDUs generated using the NC generation ([0102-0103] discloses receiving a NC redundancy level (e.g. code rate) representing a ratio of NC information packets that form a generation to NC coded packets.).
Regarding Claim 11, Stoica discloses a wireless transmit/receive unit (WTRU) (Fig 1 & [0044-0045] disclose remote units 102 that can communicate with network units 114) comprising:
a processor, memory, and a transceiver (Fig 2 and [0051] discloses a processor 202, memory 204, transmitter 210 and receiver 212 as part of a remote unit 102.) which are configured to:
receive configuration information associated with transport block (TB)-based hybrid automatic repeat request (HARQ) feedback ([0049] discloses receiving NC configuration information associated with NC-aware HARQ feedback for each TB.),
receive downlink control information (DCI) scheduling a physical downlink shared channel (PDSCH) transmission ([0101] discloses a UE receiving DCI scheduling of PDSCH data traffic transmission.), the DCI including information indicating:
(i) an identifier of a network coding (NC) generation ([0102] discloses that the DCI may include information detailing a NC codebook type (e.g. a NC generation).), (ii) a number of NC protocol data units (PDUs) required to successfully recover NC service data units (SDUs) of the NC generation ([0102] discloses that the DCI may include a NC information transmission size, a NC maximum transmission size and a NC redundancy level. [0100] & [0103] discloses that based on the NC configuration information received, the UE is able to determine a necessary minimum number of correctly received CBs to decode recover NC MAC SDUs of the NC codebook. [0104] discloses that CBs may correspond to network-coded MAC PDUs (i.e. NC PDUs).), (iii) a total amount of NC PDUs generated using the NC generation ([0102] discloses that the DCI may include an NC information packets number (e.g. total amount of NC PDUs generated using the NC generation), and (iv) a number of NC PDUs to be transmitted by the PDSCH transmission ([0102] discloses that the DCI may include a number of NC packets (e.g. NC PDUs) to be transmitted with a TB (e.g. by a PDSCH transmission).),
receive the PDSCH transmission which includes one or more transport blocks (TBs), the one or more TBs carrying one or more NC PDUs generated using the NC generation (Fig 12 & [0115] disclose reception of a TB from a PDSCH transmission containing a number of CBs (e.g. NC PDUs) generated from network coded PDUs.),
generate TB-based HARQ acknowledgment (ACK) feedback information for each TB of all received TBs carrying NC PDUs generated using the NC generation ([0103] discloses determining a HARQ-ACK of a TB containing one or more CBs of a generation (e.g. NC PDUs of a generation).) based on
(i) a current total amount of successfully decoded NC PDUs generated using the NC generation being less than the amount of NC PDUs required to successfully recover NC SDUs of the NC generation ([0228] discloses a number of correctly received CBs being less than the CB threshold as a necessary minimum number of correctly received CBs.), and
(ii) a sum of the current total amount of successfully decoded NC PDUs ([0227] discloses a number of correctly received CBs (examiner denotes this as Nr).) and
the total amount of NC PDUs generated ([0102] discloses that NC configuration information such as total number of CBs (examiner denotes this as Y) may be provided through a DCI) minus
a current total amount of NC PDUs generated by NC generation and transmitted ([0138] discloses a total number of CBs within the transmitted TB (examiner denotes this as Nt).) being greater than or equal to
the amount of NC PDUs required to successfully recover NC SDUs of the NC generation([0227] discloses a necessary minimum number of correctly received CBs (examiner denotes this as X).)
([0227] discloses a NC-aware HARQ-ACK feedback that compares a number of erroneously received CBs (examiner denotes this as Ne) being less than or equal to a threshold representing a tolerated maximum number of CB errors (examiner denotes this as Z), or mathematically Ne ≤ Z. The tolerable maximum number of CB errors (Z) is equal to the total number of CBs (Y) minus the minimum number of CBs required for successful decoding (X), or mathematically Z = Y – X. The total number of NC CBs which have been transmitted (Nt) minus the number of correctly received NC CBs (Nr) is equal to the number of erroneously received CBs (Ne), or mathematically Nt – Nr = Ne. Thus, a number of erroneously received CBs being less than or equal to a threshold representing a tolerated maximum number of NC CB errors is given by Ne ≤ Z or Nt – Nr ≤ Y – X or Nr + Y – Nt ≥ X. This demonstrates that the TB-based HARQ-ACK feedback based on a number of CB errors being less than or equal to a tolerated maximum number of CB errors threshold, as taught by Stoica, is equivalent to the TB-based HARQ-ACK feedback based on a sum of the current total amount of successfully decoded NC PDUs and the total amount of NC PDUs generated (i.e. Nr + Y) minus a current total amount of NC PDUs generated by NC generation and transmitted being greater than or equal to the amount of NC PDUs required to successfully recover NC SDUs of the NC generation.), and
sending the TB-based HARQ ACK feedback information ([0096] discloses an NC-aware HARQ-ACK feedback for each TB transmission is fed back to the original transmitter).
Regarding Claim 12, Stoica discloses wherein the processor, memory, and the transceiver are configured to: determine a number of additional NC PDUs for retransmission based on the current total amount of successfully decoded NC PDUs generated using the NC generation and the amount of NC PDUs required to successfully recover the NC SDUs of the NC generation, and send a codepoint indicating the amount of additional NC PDUs for retransmission ([0159] discloses a procedure, that may be configured using a processor, memory and transceiver as disclosed in Fig 2 and [0051], for determining a number of additional CBs for retransmission that could be corrected to increase a total number of correctly received CBs to a CB threshold required for successful decoding.).
Regarding Claim 16, Stoica discloses wherein the processor, memory, and the transceiver are configured to: transmit information indicating the current total amount of successfully decoded NC PDUs generated using the NC generation and/or the current total amount of NC PDUs generated using the NC generation and which have been transmitted ([0152] discloses a HARQ-ACK or HARQ-NACK feedback, that may be configured on a processor, memory and transceiver as disclosed in Fig 2 & [0051], indicating a current total amount of successfully decoded CBs for each CBG in a TB, may be reported back to an original transmitter.).
Regarding Claim 17, Stoica discloses wherein the processor, memory, and the transceiver are configured to transmit, via uplink control information (UCI) and/or a medium access control control element (MAC CE), the information indicating the current total amount of successfully decoded NC PDUs generated using the NC generation and/or the current total amount of NC PDUs generated using the NC generation and which have been transmitted ([0211] discloses that HARQ-ACK or HARQ-NACK feedback, that may be configured on a processor, memory and transceiver as disclosed in Fig 2 & [0051], indicating a current total amount of successfully decoded CBs for each CBG in a TB, may be transmitted via UCI.).
Regarding Claim 18, Stoica discloses wherein the processor, memory, and the transceiver are configured to: receive, via uplink control information (UCI) and/or a medium access control control element (MAC CE), information indicating a set of NC coefficients associated with the plurality of NC PDUs included in the PDSCH transmission ([0057] discloses receiving, by a processor, memory and transceiver as disclosed in Fig 2 & [0051], NC configuration information (e.g. NC coefficients) associated with a plurality of CBs in a PDSCH. [0101] discloses a UE may be receiving the NC configuration information through DCI scheduling or MAC-CE signaling.).
Regarding Claim 19, Stoica discloses wherein the processor, memory, and the transceiver are configured to: decode, using the set of NC coefficients, the received plurality of NC PDUs included in the PDSCH transmission to obtain one or more successfully recovered NC SDUs from the received plurality of NC PDUs included in the PDSCH transmission ([Fig 12 & [0115] disclose decoding, by a processor, memory and transceiver as disclosed in Fig 2 & [0051], using a set of NC coefficients, a received plurality of CBs included in a PDSCH to obtain one or more successfully recovered MAC SDUs.).
Regarding Claim 20, Stoica discloses wherein the processor, memory, and the transceiver are configured to: receive information indicating a code rate, the code rate representing a ratio of the plurality of NC SDUs that form the NC generation to a plurality of NC PDUs generated using the NC generation ([0102-0103] discloses receiving, by a processor, memory and transceiver as disclosed in Fig 2 & [0051], a NC redundancy level (e.g. code rate) representing a ratio of NC information packets that form a generation to NC coded packets.).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 3, 4, 13 & 14 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stoica et al. (WO 2023/170586)(herein after “Stoica”).
Regarding Claim 3, Stoica discloses further comprising: determining the current total amount of successfully decoded NC PDUs generated using the NC generation based on a number of NC PDUs successfully decoded from the PDSCH transmission (Figure 13 & [0116] disclose an example where an accumulated current total amount of successfully decoded MAC PDUs from a NC generation is determined to be 59 from a PDSCH transmission.).
Stoica fails to disclose further comprising: the determining of the current total amount of successfully decoded NC PDUs generated using the NC generation is based on a previous total amount of successfully decoded NC PDUs generated using the NC generation prior to the PDSCH transmission.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to further accumulate the current total amount of successfully decoded MAC PDUs from an NC generation with a number of successfully decoded MAC PDUs from the NC generation from a prior PDSCH transmission, since it has been held that mere duplication of the essential working parts of a device that does not produce new or unexpected results involves only routine skill in the art and has no patentable significance. See Duplication of Parts, MPEP section 2144.04 (VI.B). The motivation to do so would be to allow for a TB-based HARQ feedback method where the network coded CBs of a generation span more than one TB.
Regarding Claim 4, Stoica discloses further comprising: determining the current total amount of NC PDUs generated using the NC generation and which have been transmitted based on the amount of NC PDUs generated using the NC generation and which are to be transmitted by the PDSCH transmission (Figure 13 & [0116] disclose an example where an accumulated current total amount of transmitted MAC PDUs from a NC generation is determined to be 83 from a PDSCH transmission.).
Stoica fails to disclose the determining of the current total amount of NC PDUs generated using the NC generation and which have been transmitted is based on a previous total amount of NC PDUs generated using the NC generation and which have been transmitted prior to the PDSCH transmission.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to further accumulate the current total amount of MAC PDUs from a NC generation with a number of MAC PDUs from the NC generation from a prior PDSCH transmission, since it has been held that mere duplication of the essential working parts of a device that does not produce new or unexpected results involves only routine skill in the art and has no patentable significance. See Duplication of Parts, MPEP section 2144.04 (VI.B). The motivation to do so would be to allow for a TB-based HARQ feedback method where the network coded CBs of a generation span more than one TB.
Regarding Claim 13, Stoica discloses wherein the processor, memory, and the transceiver are configured to: determine the current total amount of successfully decoded NC PDUs generated using the NC generation based on a number of NC PDUs successfully decoded from the PDSCH transmission and a previous total amount of successfully decoded NC PDUs generated using the NC generation prior to the PDSCH transmission.
Although Stoica discloses wherein the processor, memory and the transceiver are configured to: determine the current total amount of successfully decoded NC PDUs generated using the NC generation based on a number of NC PDUs successfully decoded from the PDSCH transmission (Figure 13 & [0116] disclose an example where an accumulated current total amount of successfully decoded MAC PDUs from a NC generation is determined to be 59 from a PDSCH transmission.),
Stoica fails to disclose: and a previous total amount of successfully decoded NC PDUs generated using the NC generation prior to the PDSCH transmission.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to have a processor, memory and transceiver further accumulate the current total amount of successfully decoded MAC PDUs from an NC generation with a number of successfully decoded MAC PDUs from the NC generation from a prior PDSCH transmission, since it has been held that mere duplication of the essential working parts of a device that does not produce new or unexpected results involves only routine skill in the art and has no patentable significance. See Duplication of Parts, MPEP section 2144.04 (VI.B). The motivation to do so would be to allow for a TB-based HARQ feedback method where the network coded CBs of a generation span more than one TB.
Regarding Claim 14, Stoica discloses wherein the processor, memory, and the transceiver are configured to: determine the current total amount of NC PDUs generated using the NC generation and which have been transmitted based on the amount of NC PDUs generated using the NC generation and which are to be transmitted by the PDSCH transmission and a previous total amount of NC PDUs generated using the NC generation and which have been transmitted prior to the PDSCH transmission.
Although Stoica discloses wherein the processor, memory, and the transceiver are configured to: determine the current total amount of NC PDUs generated using the NC generation and which have been transmitted based on the amount of NC PDUs generated using the NC generation and which are to be transmitted by the PDSCH transmission (Figure 13 & [0116] disclose an example where a processor, memory and transceiver are configured to accumulate and determine a current total amount of transmitted MAC PDUs from a NC generation to be 83 from a PDSCH transmission.),
Stoica fails to disclose: and a previous total amount of NC PDUs generated using the NC generation and which have been transmitted prior to the PDSCH transmission.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to have a processor, memory and transceiver further accumulate the current total amount of MAC PDUs from a NC generation with a number of MAC PDUs from the NC generation from a prior PDSCH transmission, since it has been held that mere duplication of the essential working parts of a device that does not produce new or unexpected results involves only routine skill in the art and has no patentable significance. See Duplication of Parts, MPEP section 2144.04 (VI.B). The motivation to do so would be to allow for a TB-based HARQ feedback method where the network coded CBs of a generation span more than one TB.
Claims 5 & 15 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stoica et al. (WO 2023/170586)(herein after “Stoica”) in view of Le Bars et al. (WO 2021/233929)(herein after “Le Bars”).
Regarding Claim 5, Stoica discloses the method of Claim 1.
Stoica fails to disclose wherein the identifier of the NC generation is a sequence number.
However, Le Bars teaches wherein the identifier of the NC generation is a sequence number (Page 4, lines 10-11 disclose a sequence number may comprise an indication of the coefficients of a NC generation used during network coding.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the TB-based HARQ ACK feedback method, as disclosed by Stoica, wherein the identifier of the NC generation is a sequence number, as taught by Le Bars. The motivation to do so would be to reduce overhead in communicating the NC generation coefficients to the receiver.
Regarding Claim 15, Stoica discloses the WTRU of claim 11.
Stoic fails to disclose wherein the identifier of the NC generation is a sequence number.
However, Le Bars teaches wherein the identifier of the NC generation is a sequence number (Page 4, lines 10-11 disclose a sequence number may comprise an indication of the coefficients of a NC generation used during network coding.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the WTRU, as disclosed by Stoica, wherein the identifier of the NC generation is a sequence number, as taught by Le Bars. The motivation to do so would be to reduce overhead in communicating the NC generation coefficients to the receiver in a WTRU.
Conclusion
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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419