Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see pages 8-10, filed 11 January 2026, with respect to the rejection(s) of claims 1 and 10 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wang et al. (US 2019/0363833) in view of in view of Cheng et al. (US 2020/0228250) regarding the amendment filed on 16 August 2025.
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 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 of this title, 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 1-6, 8-15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2019/0363833) in view of in view of Cheng et al. (US 2020/0228250).
Regarding claim 1, Wang discloses
A method for determining an uplink re-transmission strategy, applied to user equipment (UE), comprising (Fig. 1B Terminal 200):
receiving a data re-transmission configuration from a network applicable (¶ [0064]: At step ST103′, the base station 100 transmits a UL control signaling including resource assignment information of eMBB service to the terminal 200) to a Hybrid Automatic Repeat Request (HARQ) process (¶ [0066]: one CBG is the minimal HARQ feedback and retransmission unit);
transmitting target data to the network (¶ [0066]: At ST105′, the terminal 20 transmits UL information indicating (optional) preempted resource indication and UL data of eMBB service to the base station 100. The UL data includes first data, and in this example, the first data may include one or more CBGs, and for example, one CBG is the minimal HARQ feedback and retransmission unit.);
receiving a message from the network associated with the target data (¶ [0067]: At step ST106′, the base station 100 receives the UL information and the UL data, and feeds back a HARQ response to the terminal 200 per CBG);
determining a probability, which is higher than a threshold, that the network is able to decode the target data (¶ [0069]: At step ST107′, detection of at least one of systematic bit situation (or degree including systematic bit size, ratio or others) and preempted resource situation (or degree, including preempted resource size, ratio or others) per CBG (which is the minimal unit for retransmission in response to the HARQ feedback in this example) is performed at the terminal 200 side; ¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention) based on a data re-transmission … (¶ [0071]: At step ST109′, the CBG for which HACK was previously received is retransmitted as second data included in an eMBB service from the terminal 200); and
transmitting the data re-transmission to the network … (¶ [0071]: At step ST109′, the CBG for which HACK was previously received is retransmitted as second data included in an eMBB service from the terminal 200) in response to the determination being positive (¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention);
wherein the step of determining the probability, which is higher than the threshold, that the network is able to decode the target data based on the data re-transmission comprises (¶ [0058]: If the at least one of a systematic bit degree and a preempted resource degree for the transmission of the first data is larger, this means that the first data's systematic bits were not entirely transmitted or correctly decoded, and the retransmission scheme can be determined as a retransmission scheme with more systematic bits,):
determining that systematic bits of a code block in the data re-transmission occupy more than a threshold percentage (¶ [0052]: the systematic bit degree may include a size of systematic bits within the first data, or a ratio of the systematic bits within the first data; ¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention).
Wang discloses all the subject matter of the claimed invention with the exception of data re-transmission on a physical uplink shared channel (PUSCH); transmitting the data re-transmission to the network through the PUSCH. Cheng from the same or similar fields of endeavor discloses data re-transmission on a physical uplink shared channel (PUSCH); transmitting the data re-transmission to the network through the PUSCH (¶ [0027]: n the LAA study item Asynchronous HARQ is recommended for LAA UL physical uplink shared channel (PUSCH). That means UL retransmissions may not only occur one round trip time (RTT) (e.g. n+8) after the initial transmission, but rather at any point in time). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the teaching, i.e., re-transmitting UL data from terminal to base station, of Wang by Kim’s using UL retransmission via PUSCH, thereby re-transmitting UL data via PUSCH from terminal to base station. The motivation would have been to be beneficial in particular when retransmissions are blocked and postponed due to LBT (Kim ¶ [0027]).
Regarding claim 10 referring to claim 1, Wang discloses A user equipment (UE), comprising: an antenna; a transceiver, electrically connected to the antenna; and a processor, electrically connected to the transceiver, configured to: (Fig. 1B Terminal 200; The terminal implicitly includes transceiver, antenna, processor to communicate with base station):
Regarding claims 2 and 11, Wang discloses
wherein the step of receiving the data re-transmission configuration from the network applicable (¶ [0064]: At step ST103′, the base station 100 transmits a UL control signaling including resource assignment information of eMBB service to the terminal 200) to a Hybrid Automatic Repeat Request (HARQ) process (¶ [0066]: one CBG is the minimal HARQ feedback and retransmission unit) comprises:
receiving the data re-transmission configuration from the network through a physical downlink control channel (PDCCH) (¶ [0132]: It is assumed that for the first (initial) transmission, conventionally, the RV is obtained in an implicit way (for example, based on the subframe number of the transmitted TB); ¶ [0134]: The redundancy version index of such TB (two code block groups) is RV0 both for the two CBGs based on the RV indication in a DCI signaling).
Regarding claims 3 and 12, Wang discloses
wherein the message from the network associated with the target data is a NACK or a PHY message (¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100).
Regarding claims 4 and 13, Wang discloses
wherein the step of determining the probability is associated with the threshold of original code book's systematic bit (¶ [0069]: At step ST107′, detection of at least one of systematic bit situation (or degree including systematic bit size, ratio or others) and preempted resource situation (or degree, including preempted resource size, ratio or others) per CBG (which is the minimal unit for retransmission in response to the HARQ feedback in this example) is performed at the terminal 200 side; ¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention).
Regarding claims 5 and 14, Wang discloses
wherein the step of determining the probability, which is higher than the threshold, that the network is able to decode the target data based on the data re-transmission comprises: determining a redundancy version (RV) for generating the data re-transmission (¶ [0069]: At step ST107′, detection of at least one of systematic bit situation (or degree including systematic bit size, ratio or others) and preempted resource situation (or degree, including preempted resource size, ratio or others) per CBG (which is the minimal unit for retransmission in response to the HARQ feedback in this example) is performed at the terminal 200 side; ¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention).
Regarding claims 6 and 15, Wang discloses
wherein the step of determining the probability, which is higher than the threshold, that the network is able to decode the target data based on the data re-transmission comprises: …
(¶ [0052]: the systematic bit degree may include a size of systematic bits within the first data, or a ratio of the systematic bits within the first data; ¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention).
Wang discloses all the subject matter of the claimed invention with the exception of determining that a code rate of the data re-transmission scheduled by the network is lower than a threshold value. Cheng from the same or similar fields of endeavor discloses determining that a code rate of the data re-transmission scheduled by the network is lower than a threshold value (¶ [0120]: The benefits of retransmitting with RV #3 when the code rate of the initial transmission is below the threshold). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wang’s retransmission decision process to include Cheng’s teaching of determining whether the code rate is below a threshold and, when it is, selecting an RV accordingly (e.g., RV#3). The motivation would have been to achieve much better performance (Kim ¶ [0122]).
Regarding claims 8 and 17, Wang discloses
wherein the step of determining the probability, which is higher than the threshold, that the network is able to decode the target data based on the data re-transmission comprises … ((¶ [0052]: the systematic bit degree may include a size of systematic bits within the first data, or a ratio of the systematic bits within the first data; ¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), or the preempted resource degree is big, for example, more than a preempted resource threshold (which means the CBG is more preempted regardless of how many the systematic bits are included in the CBG), or both of them are big, i.e., the systematic bit degree is more than the systematic bit threshold and the preempted resource degree is also more than the preempted resource threshold (which means that the CBG with more systematic bits is preempted), RV with more systematic hits (for example, a first retransmission scheme for retransmitting the second data with systematic bits more than a threshold) such as RV0 is used for retransmission according to the embodiment of the invention).
Wang discloses all the subject matter of the claimed invention with the exception of determining that a signal-to-interference-and-noise ratio (SINR) estimated by the UE for an uplink transmission is higher than a threshold value. Cheng from the same or similar fields of endeavor discloses determining that a signal-to-interference-and-noise ratio (SINR) estimated by the UE for an uplink transmission is higher than a threshold value (¶ [0116]: In LTE, the initial transmission uses RV #0. RV #0 contains 30 out of 32 columns of systematic bits and therefore it is self-decodable, which means that if RV #0 is received with sufficient signal to interference plus noise ratio (SINR), the receiver can decode and recover the coded data without further retransmissions; Note: It implies that If the received SINR is sufficient (i.e., exceeds the required threshold), RV0 is expected to be self-decodable and the receiver can reliably recover the data without further retransmissions). In particular, Cheng explains that RV0 contains substantially all systematic bits and is self‑decodable when received with sufficient SINR. Cheng further teaches comparing coding rate to one or more thresholds to select RV0, RV3, RV2, etc., based on thresholds tied to buffer structure and code rate (Cheng ¶[0066], ¶[0120], ¶[0143], ¶[0150]–¶[0153], ¶[0174], ¶[0176]). Cheng therefore supplies the missing teaching that a reception quality metric (SINR) can be used as a criterion related to whether a given RV (and thus retransmission decision) will enable decoding.
Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wang’s UE thresholded systematic bit ratio decision rule to incorporate Cheng’s SINR‑based criterion (or to use SINR as an additional or alternative thresholding metric tied to Cheng’s RV/code‑rate thresholds), so as to determine that the network can decode (or is likely to decode) based on retransmission when SINR exceeds the relevant threshold. The combination is motivated by routine design considerations (improve decoding probability and retransmission efficiency) and is supported by the specific teachings of Cheng linking RV/self‑decodability to SINR and thresholds.
Regarding claims 9 and 18, Wang discloses
further comprising: ignoring the data re-transmission to the network … if the determination is negative (¶ [0070]: At step ST108′, a determination of retransmission scheme such as RV of the CBG that needs retransmission is performed by the terminal 200 in a retransmission condition that “NACK” for the transmitted first data is received by the terminal 200 from the base station 100. The determination is performed based on at least one of the systematic bit situation (degree) and preempted resource situation (degree) of the transmitted first data. For example, if the systematic bit degree is big, for example, more than a systematic bit threshold (which means the CBG with more systematic bits regardless of whether to be preempted), …; ¶ [0074]: Step ST112′ is about repeating the above steps (from per CBG HARQ feedback to ST111′) until the reception or the decoding is successful or a maximum retransmission number is reached).
Wang discloses all the subject matter of the claimed invention with the exception of the data re-transmission to the network through the PUSCH. Cheng from the same or similar fields of endeavor discloses the data re-transmission to the network through the PUSCH (¶ [0027]: n the LAA study item Asynchronous HARQ is recommended for LAA UL physical uplink shared channel (PUSCH). That means UL retransmissions may not only occur one round trip time (RTT) (e.g. n+8) after the initial transmission, but rather at any point in time). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the teaching, i.e., re-transmitting UL data from terminal to base station, of Wang by Kim’s using UL retransmission via PUSCH, thereby re-transmitting UL data via PUSCH from terminal to base station. The motivation would have been to be beneficial in particular when retransmissions are blocked and postponed due to LBT (Kim ¶ [0027]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479