DETAILED ACTION
This communication is responsive to applicant’s response filed under 37 C.F.R §1.111 in response to a non-final office action. Claim(s) 1-2 and 27-29 have been amended; Claims 3-26 and 31 have been canceled; Claim(s) 32-34 have been added. Claim(s) 1-2, 27-29, and 32-34 are subject to examination.
Acknowledgement is made to the applicant’s amendment to the title and claim 10 to obviate the previous objection to the specification and claims. The previous objection to the specification and claims is/are hereby withdrawn.
Acknowledgement is made to the applicant’s amendment to the claims to obviate the previous 35 U.S.C. 112(a) rejection to claim 29 and the previous 35 U.S.C. 112(b) rejection to claims 1-5, 7-10, 17-18, 21, 24-25, and 27-30 to. The previous 35 U.S.C. 112(a) rejection to claim 29 and the previous 35 U.S.C. 112(b) rejection to claims 1-5, 7-10, 17-18, 21, 24-25, and 27-30 is/are hereby withdrawn.
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 with respect to claim(s) 07/06/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 101
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 27, and 28 rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a low of nature, a natural phenomenon, or an abstract idea) without significantly more.
The claim(s) recite(s) transmitting/receiving first information indicating a capability, receiving/transmitting a first reference signal configuration, and receiving/transmitting a second reference signal configuration. This judicial exception is not integrated into a practical application because the claims do not include additional elements beyond the abstract idea of sending data.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, for example, the claimed limitations of “related to an artificial intelligence (AI)”, “related to a prediction by an AI data processing model”, “related to a training of the AI data processing model”, and “indicating an association” are insignificant extra-solution activity. Therefore, the claims do not amount to more than the abstract idea itself.
Regarding Claim(s) 2, 29, and 32-34 are also rejected since they are dependent upon rejected claim(s) 1, 27, and 28 as set forth above. Claims 2, 29, and 33 do not include additional elements beyond including more data. Therefore, the claims do not amount to more than the abstract idea itself. Claim(s) 1-2, 27-29, and 32-34 are not patent eligible.
The examiner recommends including limitation which show how the three transmissions are related to each other, or what the three transmission are used for.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation “includes second information”. It is unclear whether this is the same or different as the “second information” included in the second reference signal configuration of claim 1. For the purpose of examination, the examiner will interpret the “includes second information” of claim 2 as different.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 27-29, and 32-34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by FAKOORIAN et al. (US 20240406036 A1), hereby referred to as FAKOORIAN.
Claim 1:
FAKOORIAN teaches a method performed by a user equipment (UE), the method comprising: transmitting, to a network device, first information indicating a capability of the UE related to an artificial intelligence (AI) (FAKOORIAN: FIG. 8 item 810, para 41 (“As part of UE capability signaling, the UE may indicate…use for interference phase of channel estimation…”) and para 53 (“The UE capability may also include indications for other aspects of the AI-based channel estimation model.”) wherein UE indicates capability related to an artificial intelligence/AI-based channel estimation model); receiving, from the network device, a first reference signal configuration related to a prediction by an AI data processing model (FAKOORIAN: FIG. 8 item 815 and para 81 (“…the network configures the UE with a resource allocation for inferring channel estimations using the trained model…the received RS are processed using the trained model…The configuration may include…a DMRS set…”) wherein the inference configuration is the first reference signal configuration elated to a prediction); and receiving, from the network device, a second reference signal configuration related to a training of the AI data processing model, wherein the second reference signal configuration includes second information indicating an association with the first reference signal configuration (FAKOORIAN: FIG. 8 item 825 and para 83-84 (“…the network indicates to the UE to retune the channel estimation model…accompanied by parameters regarding when the training state starts…the DMRS configuration, etc.…”) wherein the configuration indicates the retuning of the AI-based channel estimation model associated with the first reference signal configuration).
Claim 2:
FAKOORIAN teaches the method according to claim 1, wherein the first reference signal configuration includes second information indicating an association with the second reference signal configuration (FAKOORIAN: FIG. 8 item 815 and para 81 (“…the network configures the UE with a resource allocation for inferring channel estimations using the trained model…the received RS are processed using the trained model…The configuration may include…a DMRS set…”) wherein the configuration indicates the use of the AI-based channel estimation model that is retuned by the second reference signal configuration).
Claim 27:
FAKOORIAN teaches a user equipment (UE) comprising: a processor; and a memory coupled to the processor and storing instructions thereon, the instructions, when executed by the processor (FAKOORIAN: FIG. 2 item 205 (“Processor”) and item 210 (“Memory arrangement”)).
For further limitations, see rejection for claim 1 above.
Claim 28:
FAKOORIAN teaches a method performed by a network device (FAKOORIAN: FIG. 1 wherein any of devices outside the UE in the network arrangement can be the network device), the method, comprising: receiving, from a user equipment (UE), first information indicating a capability of the UE related to a machine learning (AI) (FAKOORIAN: FIG. 8 item 810, para 41 (“As part of UE capability signaling, the UE may indicate…use for interference phase of channel estimation…”) and para 53 (“The UE capability may also include indications for other aspects of the AI-based channel estimation model.”) wherein UE indicates capability to network devices related to an artificial intelligence/AI-based channel estimation model); transmitting, to the UE, a first reference signal configuration related to a prediction by an AI data processing model (FAKOORIAN: FIG. 8 item 815 and para 81 (“…the network configures the UE with a resource allocation for inferring channel estimations using the trained model…the received RS are processed using the trained model…The configuration may include…a DMRS set…”) wherein the inference configuration is the first reference signal configuration elated to a prediction); and transmitting, to the UE, a second reference signal configuration related to a training phase of the AI data processing model, wherein the second reference signal configuration includes first information indicating an association with the first reference signal configuration (FAKOORIAN: FIG. 8 item 825 and para 83-84 (“…the network indicates to the UE to retune the channel estimation model…accompanied by parameters regarding when the training state starts…the DMRS configuration, etc.…”) wherein the configuration indicates the retuning of the AI-based channel estimation model associated with the first reference signal configuration).
Claim 29:
FAKOORIAN teaches the method according to claim 28. For further limitations, see rejection for claim 2 above.
Claim 32:
FAKOORIAN teaches the method according to claim 1, further comprising: doing prediction based on the first reference signal configuration (FAKOORIAN: FIG. 8 item 815 and para 37 (“An AI-based channel estimation typically involves…an inference phase, where received RS are processed using the trained model to generate channel estimates.”) wherein the UE uses the inference configuration to make a prediction/estimates about the channel); and doing training of the AI data processing model based on the second reference signal configuration (FAKOORIAN: FIG. 8 item 835 and para 37 (“An AI-based channel estimation typically involves a training phase, where received reference signals (RS) are used as training data to train a model…”) wherein the UE uses the training/retuning configuration to train the AI model).
Claim 33:
FAKOORIAN teaches the UE according to claim 27. For further limitations, see rejection for claim 2 above.
Claim 34:
FAKOORIAN teaches the UE according to claim 27. For further limitations, see rejection for claim 32 above.
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 ANGELIE T NGO whose telephone number is (571)272-0180. The examiner can normally be reached Mon - Thur: 8am - 5pm; 2nd Fri: 8am - 3pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached at (571) 270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.T.N./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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