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 .
The factual inquiries 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1,2,3,6-8,12,13,and 14, 15,16,17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Qualcomm Inc ( WO 2020/210099) in view of Elshafie et al. (2023/0065810).
For independent claim 1 Qualcomm Inc ( WO 2020/210099) discloses
discloses:
a network node configured to communicate with a wireless device, WD (Figs.
9-11), the network node comprising: a radio interface configured to (Figs. 9-11).
receive from the WD an indication of one of a first scaling factor and a second
scaling factor, the first scaling factor corresponding to a first modulation order
and a first data rate, and the second scaling factor corresponding to a second
modulation order and a second data rate ([0006]-[0007], [0098], [0105]-[0106]);
and processing circuitry in communication with the radio interface and
configured to select one of the first modulation order and the second modulation
order based at least in part on the indicated one of the first scaling factor and
the second scaling factor ([0102]-[0103]); and the radio interface being further
configured to transmit to the WD a control message, the control message
indicating the selected one of the first and second modulation order and a
corresponding one of the first and second data rate (Fig. 4; [0177]).
For claim 1, Qualcomm Inc ( WO 2020/210099) discloses all the subject matter of the claimed invention with the exception of receiving from the WD one of a first phase tracking reference signal, PTRS, density recommendation and a second PTRS density recommendation, the first PTRS density recommendation associated with the first modulation order, the second PTRS density recommendation associated with the second modulation order; selecting and the second modulation order being 1024-QAM in a communications network. Elshafie et al. (2023/0065810) from the same or similar fields of endeavor teaches a provision of receiving from the WD one of a first phase tracking reference signal, PTRS, density recommendation and a second PTRS density recommendation, the first PTRS density recommendation associated with the first modulation order, the second PTRS density recommendation associated with the second modulation order; selecting and the second modulation order being 1024-QAM in a communications network ( See paragraphs 0010 lines 1-8 and 0010 lines 1-5). This, it would have been obvious to the person of ordinary skill in the art at 5he time of the filling date of the claimed invention to use receiving from the WD one of a first phase tracking reference signal, PTRS, density recommendation and a second PTRS density recommendation, the first PTRS density recommendation associated with the first modulation order, the second PTRS density recommendation associated with the second modulation order; selecting and the second modulation order being 1024-QAM in a communications network as taught by Elshafie et al. (2023/0065810) in the communications of Qualcomm Inc ( WO 2020/210099) for the purpose of using the density recommendation and 1024-QAM in the network.
For independent claims 6,11,and 16 are rejected for the same reason as in claim 1.
For dependent claims 2,3,6-8,12,13,and 14, 15,17, and 18, Qualcomm Inc ( WO 2020/210099) discloses all the subject matter of the claimed invention with exception of
wherein the control message is transmitted by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WD (22), the second parameter indicating a different order of modulation; further comprising determining a data rate corresponding to the indicated one of the first scaling factor and the second scaling factor; further comprising receiving from the network node (16) a set of threshold values corresponding to different subcarrier spacings, SCSs, for determining PTRS density for a physical downlink shared channel, the set of threshold values being associated with one of the first and second modulation order in a communications network. Elshafie et al. (2023/0065810) from the same or similar fields of endeavor teaches a provision of wherein the control message is transmitted by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WD (22), the second parameter indicating a different order of modulation; further comprising determining a data rate corresponding to the indicated one of the first scaling factor and the second scaling factor; further comprising receiving from the network node (16) a set of threshold values corresponding to different subcarrier spacings, SCSs, for determining PTRS density for a physical downlink shared channel, the set of threshold values being associated with one of the first and second modulation order in a communications network ( See paragraphs 0010 lines 1-8, 0011 lines 1-5, and paragraph 0048 lines 1-3). Thus, it would have been obvious to the person of ordinary skill in the art at the time of the invention to use before the effective filing date of the claimed invention to use wherein the control message is transmitted by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WD (22), the second parameter indicating a different order of modulation; further comprising determining a data rate corresponding to the indicated one of the first scaling factor and the second scaling factor; further comprising receiving from the network node (16) a set of threshold values corresponding to different subcarrier spacings, SCSs, for determining PTRS density for a physical downlink shared channel, the set of threshold values being associated with one of the first and second modulation order in a communications network as taught by Elshafie et al. (2023/0065810) in the communication of Qualcomm Inc ( WO 2020/210099) for the purpose of setting the threshold values in the network.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5,10,11,and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Qualcomm Inc ( WO 2020/210099) Qualcomm Inc ( WO 2020/210099) in view of Elshafie et al. (2023/0065810) and further in view of Intel Corporation “ UE Capability for Rel-16 NR mobility Enhancement).
For claims 5,10,11,and 20 Qualcomm Inc ( WO 2020/210099) ) in view of Elshafie et al. (2023/0065810) disclose all the subject matter of the claimed invention with the exception of further comprising transmitting to the WD a set of threshold values corresponding to different subcarrier spacings, SCSs, for determining PTRS density for a physical downlink shared channel, the set of threshold values being associated with one of the first and second modulation order; and wherein the control message is received by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WD wherein the control message is received by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WD wherein the control message is received by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WDnetwork ( See paragraph 28 lines 3-7). Thus, it would have been obvious to the person of ordinary skill in the art before the filing date of the claimed invention to use transmitting to the WD a set of threshold values corresponding to different subcarrier spacings, SCSs, for determining PTRS density for a physical downlink shared channel, the set of threshold values being associated with one of the first and second modulation order; and wherein the control message is received by radio resource control, RRC, signaling, the signaling configured to include one of a first parameter and a second parameter, the first parameter indicating 1024 quadrature amplitude modulation, QAM, capability of the WD.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nam et al. (2018/0323933) is cited to show a system which is considered pertinent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM.
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, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476
Prosecution Insights