DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s Amendments and Arguments filed 03/03/2026 have been considered for examination.
With regard to the objections to Claims, Applicant’s arguments filed 03/03/2026 in view of the amendments have been fully considered and are persuasive. Thus, the objections to Claims have been withdrawn.
With regard to the claim interpretations under 112(f), Applicant’s arguments filed 03/03/2026 in view of the amendments have been fully considered and are persuasive. Thus, the 112(f) claim interpretations have been withdrawn.
With regard to the 103 rejections, Applicant’s arguments filed 03/03/2026 in view of the amendments have been fully considered but are not persuasive at least in view of reasons set forth below.
On pages 8-9 of Remarks, Applicant argued:
Specifically, according to the cited paragraph [0005], Iwai describes that, in a case that a 36-subcarrier bandwidth is allocated, a Zadoff-Chu sequence having 36 sequence length is generated by giving a cyclic extension of 5 subcarriers to a Zadoff-Chu sequence of sequence length N=31. In other words, Iwai merely describes a Zadoff-Chu sequence length extension (i.e., from 31 to 36) with a fixed bandwidth of 36 sub-carriers, but does NOT describe any extension of the bandwidth. By contrast, amended claim 1 emphasized that "wherein the uplink reference signal generation circuitry is further configured to generate, by generating a Zadoff-Chu sequence based on a number of subcarriers after the bandwidth extension calculated based on, at least, the number of the allocation subcarriers, the information related to the bandwidth extension, and the information related to the configuration type of the uplink reference signal, and to cyclically extend the generated Zadoff-Chu sequence, the uplink reference signal having a sequence length a number of which is equal to the number of the subcarriers after the bandwidth extension." Emphasis added by Applicant.
In response to the above Applicant’s argument, Examiner respectfully disagrees.
Applicant’s argument on a fixed bandwidth of 36 subcarriers is not persuasive. Iwai merely describes a case where a bandwidth of 36 subcarriers is given, NOT that the bandwidth is fixed. As can be seen in ¶0005, Iwai explicitly describes the generation of ZC sequence of sequence length N= 36 by giving a cyclic extension of 5 subcarriers to the ZC sequence of sequence length N=31 to match a transmission bandwidth of 3-RB (36 subcarriers), indicating that the number of subcarriers is adjusted rather than fixed. In other words, the transmission bandwidth of 3-RB (36 subcarriers) is the number of subcarriers after the bandwidth extension by 5 subcarriers.
Moreover, Applicant’s argument improperly narrows the claimed “bandwidth extension” to require a separate or explicit bandwidth calculation step. However, under a broadest reasonable interpretation, extending the number of subcarriers via cyclic extension to match the transmission bandwidth constitutes a bandwidth extension as claimed, as bandwidth in OFDM system is directly proportional to the number of subcarriers.
On page 10 of Remarks, Applicant argued:
According to FIG. 8 of Ma (which is reproduced above for better clarity), Ma describes
there are two bandwidths, that is, the "total bandwidth" and the "transmission bandwidth". Ma, however, does NOT describe which bandwidth (i.e., "total bandwidth" or "transmission bandwidth") should be used, or based on, to generate a Zadoff-Chu sequence. On the other hand, as discussed above, Iwai merely describes that a reference signal is generated by sequence extension of the Zadoff-Chu sequence, which has been generated by using a maximum prime number that does not exceed the number of subcarriers of the bandwidth. That is, Iwai does NOT describe how to generate the Zadoff-Chu sequence in case that there are two different bandwidths (i.e., "total bandwidth" and "transmission bandwidth"). Based on the above descriptions, a person having ordinary skill in the art would NOT have been motivated to combine Iwai with Ma to achieve the emphasized feature recited in amended claim 1.
In response to Applicant’s argument, Examiner respectfully disagrees.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In order to establish prima facie obviousness under 35 U.S.C. 103, Ma is only applied to cure deficiencies of Iwai for “a reception unit configured to receive control information at least including the number of a/location subcarriers”, not for “generating a Zadoff-Chu sequence based on a number of subcarriers after the bandwidth extension” since Iwai already clearly teaches, “generating a Zadoff-Chu
sequence based on a number of subcarriers after the bandwidth extension”, as set forth above.
Even further considering the combination of Iwai and Ma as argued by the applicant, it is noted that that one of ordinary skill in the art is also a person of ordinary creativity, not an automaton, and in many cases will be able to fit teachings of multiple patents together like pieces of a puzzle. Furthermore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressively suggested in any one or all of the references. Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In the instant case, Ma provides motivation for including a reception unit configured to receive control information at least including the number of a/location subcarriers as doing so provides the system of Iwai with enhanced capability of avoiding wasting of spectral resources and improve usage efficiency of the resources in more dynamic
manner, as indicated in the outstanding Office Action (it suffices that there is motivation to combine the teachings of Iwai and Ma to arrive at the claimed invention as taught by the recited limitations). Furthermore, there is no reasons to compel a person having an ordinary skill in the art to combine the teachings of the references in the specific manner set forth by Applicant.
On page 11 of Remarks, Applicant argued:
Independent claim 5 recites, at least, features similar to those recited in amended independent claim 1. Therefore, amended independent claim 5 is also patentably distinguishable over Iwai and Ma, either singly or in any combination thereof, for at least the same reasons as presented above with regards to amended independent claim 1.
In response to the above Applicant’s argument, Examiner respectfully disagrees.
Since claim 5 recites similar features to claim 1 without further patentable features, claim 5 is unpatentable in view of the same reasons set forth above regarding claim 1.
On page 11 of Remarks, Applicant argued:
Claims 2-4, 9, and 10 depending from, and further limiting, patentable independent claim 1, and claims 6-8 depending from, and further limiting, patentable independent claim 5, are also patentably distinguishable over Iwai and Ma, either singly or in any combination thereof, for at least the same reasons presented above, and also for additional limitations recited in the dependent claims.
In response to the above Applicant’s argument, Examiner respectfully disagrees.
Since claims 1 and 5 are unpatentable over the cited references of record as set forth above, patentability of other dependent claims should be determined based on the claimed limitations recited thereon, rather than their respective independent claims. The dependent claims are also unpatentable in view of the corresponding cited references of records as set forth below.
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, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Iwai et al (US Publication No. 2010/0272022) in view of Ma et al (WO 2021/043137)1.
Regarding claim 1, Iwai discloses, a terminal apparatus [FIG. 9; its related descriptions; ¶0040, terminal 100] configured to perform communication with a base station apparatus [FIG. 10; its related descriptions; ¶0057, performing communication with base station 150], the terminal apparatus [FIG. 9; its related descriptions; ¶0040, terminal 100] comprising:
uplink reference signal generation circuitry configured to generate an uplink reference signal [FIG. 9; its related descriptions; ¶0047, reference signal generation section 107 generating an uplink reference signal]; and
reception circuitry [FIG. 9; its related descriptions; ¶0042-0044, RF receiving section 102] configured to receive control information at least including . . . information related to bandwidth extension, and information related to a configuration type of the uplink reference signal [FIG. 9; its related descriptions; ¶0004-0005, 0044-0046, 0058, receiving control information including reference signal transmission bandwidth (the number of RBs); further see ¶0080, the reference signal transmission bandwidth is 3 RBs to 25 RBs, where one RB is formed with 12 subcarriers; note that the reference signal transmission bandwidth of 3 RBs is considered as that the bandwidth is extended from the single RB (12 subcarriers) to e.g., 3 RBs to 25 RBs (i.e., information related to bandwidth extension) and that the configuration type of the uplink reference signal corresponds to a first type where one ZC sequence is assigned per one sequence group in transmission bandwidths of 3 RBs to 5 RBs or a second type where two ZC sequences are assigned per one sequence group in transmission bandwidths of 6 RBs or more], the control information being transmitted from the base station apparatus [FIG. 9; its related descriptions; ¶0044-0046 and, 0058, the control information being transmitted from the base station 150],
wherein the uplink reference signal generation circuitry [FIG. 9; its related descriptions; ¶0047, reference signal generation section 107] is further configured to generate, by generating a Zadoff-Chu sequence based on a number of subcarriers after the bandwidth extension [FIG. 9; its related descriptions; ¶0004-0005, 0046 and 0080, the sequence length determination section 106 determines ZC sequence length based on the reference signal transmission bandwidth (number of RBs where one RB being formed with 12 subcarriers) (i.e., the number of subcarriers after bandwidth extension); further see ¶0005, in cases where there is a 3-RB (36-subcarrier) DM-RS, a ZC sequence of sequence length N=36 is generated by giving a cyclic extension of 5 subcarriers to the ZC sequence of sequence length N=31] calculated based at least on the number of the allocation subcarriers, the information related to the bandwidth extension, and the information related to the configuration type of the uplink reference signal [FIG. 9; its related descriptions; ¶0004-0005, 0046 and 0080, for the reference signal transmission bandwidth of e.g., 3 RBs, the number of subcarriers for the reference signal transmission bandwidth of e.g., 3 RBs is determined to be 3x12 subcarriers (36 subcarriers) based on the number of subcarriers per one RB (12 subcarriers) (i.e., number of allocation subcarriers), 3 RBs (i.e., bandwidth extension corresponding to 3 times the single RB/12 subcarriers), and a first type of configuration type where one ZC sequence is assigned per one sequence group in transmission bandwidths of 3 RBs to 5 RBs (i.e., information related to the configuration type of uplink reference signal)] and cyclically extending the generated Zadoff-Chu sequence [FIG. 9; its related descriptions; ¶0004-0005, 0046 and 0080, adding a cyclic shift to the ZC sequence generated in ZC sequence generation section to generate a ZC sequence as a reference signal; see also ¶0005, in cases where there is a 3-RB (36-subcarrier) DM-RS, a ZC sequence of sequence length N=36 is generated by giving a cyclic extension of 5 subcarriers to the ZC sequence of sequence length N=31], the uplink reference signal sequence having a sequence length whose number is equal to the number of the subcarriers after the bandwidth extension [FIG. 9; its related descriptions; ¶0005, in cases where there is a 3-RB (36-subcarrier) (i.e., number of subcarriers after bandwidth extension) DM-RS, a ZC sequence of sequence length N=36 is generated by giving a cyclic extension of 5 subcarriers to the ZC sequence of sequence length N=31; i.e., the number of subcarriers = 36 (31 +5)].
Although Iwai discloses, “a reception circuitry configured to receive control information at least including information related to bandwidth extension, and information related to a configuration type of the uplink reference signal, the control information being transmitted from the base station apparatus, wherein the uplink reference signal generation circuitry generates, by generating a Zadoff-Chu sequence based on the number of subcarriers after bandwidth extension calculated based at least on the number of the allocation subcarriers, the information related to the bandwidth extension, and the information related to the configuration type of the uplink reference signal” as set forth above, Iwai does not explicitly disclose (see, italicized and bold limitations), a reception circuitry configured to receive control information at least including the number of allocation subcarriers.
However, Ma discloses, reception circuitry configured to receive control information at least including the number of allocation subcarriers and information related to bandwidth extension [FIG. 5; its related descriptions; ¶0217-0218 and 0222; see also Table 2 in ¶0251, the terminal device receives first indication information from the network device to indicate configuration index to determine a transmission bandwidth (i.e., allocation subcarriers) and an extended bandwidth (i.e., bandwidth extension) that results in a total bandwidth (i.e., subcarriers after bandwidth extension)], the uplink signal generation circuitry generates an uplink signal based on the number of allocation subcarriers and the information related to the bandwidth extension [FIG. 5; its related descriptions; ¶0223-0226, the terminal device obtains/generates an uplink signal based on the transmission parameters corresponding to the first indication information].
It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of Iwai with "the above-mentioned known feature(s)" taught by Ma to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Ma into the system of Iwai would have yield predictable results and/or resulted in the improved system, such as e.g., ensure to avoid wasting of spectral resources and improve usage efficiency of the resources in more dynamic manner, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 2, Iwai in view of Ma discloses, the terminal apparatus according to claim 1 as set forth above.
Iwai discloses, wherein a sequence length of the Zadoff-Chu sequence is generated using a largest prime number that is not exceeding the number of the subcarriers after the bandwidth extension [FIG. 9; its related descriptions; ¶0080, sequence length N of a ZC sequence is the maximum prime number equal to or less than the number of subcarriers equivalent to each transmission bandwidth (i.e. to each number of RBs)].
Regarding claim 3, Iwai in view of Ma discloses, the terminal apparatus according to claim 1 as set forth above.
Iwai discloses, wherein a sequence length of the Zadoff-Chu sequence is shorter than a largest prime number that is not exceeding the number of the subcarriers after the bandwidth extension [FIG. 9; its related descriptions; ¶0080, sequence length N of a ZC sequence is the maximum prime number equal to or less than the number of subcarriers equivalent to each transmission bandwidth (i.e. to each number of RBs)] and is longer than another largest prime number that is not exceeding the number of the allocation subcarriers [FIG. 9; its related descriptions; ¶0080, note that sequence length N of a ZC sequence (i.e., 36 for e.g., 3 RBs of transmission bandwidth) is longer than the maximum prime number (e.g., 11) not exceeding the number of the subcarriers of one RB (e.g., 12 subcarriers) (i.e., the number of allocation subcarrier, see the discussion above in claim 1)].
Regarding claim 4, Iwai in view of Ma discloses, the terminal apparatus according to claim 3 as set forth above.
Iwai discloses, wherein information related to the sequence length of the Zadoff-Chu sequence is notified from the base station apparatus using the control information [FIG. 9; its related descriptions; ¶0044-0046 and 0058, the control information is transmitted from the base station 150; further see ¶0044, the control information includes sequence group index and FIG. 5 where the sequence length is different depending on the sequence group. Further, the control information includes the reference signal transmission bandwidth which is related to the sequence length of ZC sequence].
Regarding claim 5, Iwai discloses, a base station apparatus [FIG. 10; its related descriptions; ¶0057, base station 150] configured to perform communication with a terminal apparatus [FIG. 10; its related descriptions; ¶0057, perform communication with terminal 100], the base station apparatus [FIG. 10; its related descriptions; ¶0057, base station 150] comprising:
control circuitry [FIG. 10; its related descriptions; ¶0058-0059, coding section 151, note that every base station has at least one processor or control unit]; and
radio reception circuitry [FIG. 10; its related descriptions; ¶0061, RF receiving section 155] . . . the uplink reference signal being transmitted by the terminal apparatus [FIG. 10; its related descriptions; ¶0058, the reference signal is transmitted by the terminal 100].
Claim 5 is merely different from claim 1 in that it recites claimed features from the perspective of a base station, but recites similar features to claim 1 without further additional features. Thus, claim 5 is rejected at least based on a similar rationale applied to claim 1.
Regarding claim 6, claim 6 is rejected at least based on a similar rationale applied to claim 2.
Regarding claim 7, claim 7 is rejected at least based on a similar rationale applied to claim 3.
Regarding claim 8, claim 8 is rejected at least based on a similar rationale applied to claim 4.
Regarding claim 9, Iwai in view of Ma discloses, the terminal apparatus according to claim 1.
Iwai discloses, wherein the uplink reference signal includes a first uplink reference signal and a second uplink reference signal [¶0005 and 0080, a first uplink reference signal corresponding to a ZC sequence having a sequence length of 36 (for e.g., transmission bandwidth of 3 RBs) and a second uplink reference signal corresponding to a ZC sequence having a sequence length of 48 (for e.g., transmission bandwidth of 4 RBs)], and wherein a signal sequence length configured for the second uplink reference signal is longer than a signal sequence length configured for the first uplink reference signal [¶0005, note that the signal sequence length (e.g., 48) configured for the second uplink reference signal is longer than the signal length (e.g., 36) configured for the first uplink reference signal].
Regarding claim 10, Iwai in view of Ma discloses, the terminal apparatus according to claim 9 as set forth above.
Iwai discloses, wherein a first control signal field and a second control signal field are further transmitted from the base station apparatus [¶0004-0005, 0046 and 0080, the control information including fields indicating the reference signal transmission bandwidths of e.g., 3 RBs and 4 RBs from base station], and wherein a bandwidth of a frequency spectrum of the second control signal field is larger than a bandwidth of a frequency spectrum of the first control signal field [¶0004-0005, 0046 and 0080, the control information including fields indicating the reference signal transmission bandwidths of e.g., 3 RBs and 4 RBs; note that the bandwidth of the second control signal field for e.g., 4 RBs is larger than the bandwidth of the first control signal field for e.g., 3 RBs].
Conclusion
THIS ACTION IS MADE FINAL. 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 SUN JONG KIM whose telephone number is (571)270-3216. The examiner can normally be reached on 7:30am-5:30pm (M-T).
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/SUN JONG KIM/Primary Examiner, Art Unit 2469
1 Copy of English translation (see attached) to Ma was used for the sake of claim mapping purpose.
Prosecution Insights