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 response to claim interpretations on page 5 line 15 to page 6 line 4, filed 8/21/2026, with respect to claims 1-4, 6, and 7 have been fully considered and are persuasive. The claim interpretations of claims 1-4, 6, and 7 has been withdrawn.
Applicant’s arguments, see response to 35 U.S.C. 102(a)(1) rejections on page 6 line 5 to page 8 line 19, filed 8/21/2026, with respect to the rejection(s) of claim(s) 1-7 under 35 U.S.C. 102(a)(1) 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 Therefore, the rejection has been withdrawn.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 U.S. Publication No. 20200037260 to Fu et al in view of U.S. Publication No. 20250081188 to Khoshnevisan et al, and in further view of U.S. Publication No. 20230113343 to Dimou et al (support found in Provisional Application No. 63262297).
Claim Rejections - 35 USC § 103
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20200037260 to Fu et al in view of U.S. Publication No. 20250081188 to Khoshnevisan et al, and in further view of U.S. Publication No. 20230113343 to Dimou et al (support found in Provisional Application No. 63262297).
Referring to claim 1, Fu et al disclose in Figures 1-95 a terminal (UE of Figure 74) comprising:
A processor (processing unit 2801) configured to control … a plurality of uplink information items (uplink data and UCI such as CSI, SR and HARQ; Sections 0016, 0022, 0093, 0095, 0096, 0379, 0468, 0471, 0472, 0475, 0479, 0482, and 0489) to be simultaneously transmitted via same time resources (same period, same slot, or same subframe, wherein period, slot, or subframe is a time resource; Sections 0005, 0025, 0048-0049, 0051-0052, 0065, 0076, 0697, 0712, 0725, 0728, 0732, and 0735).
A transmitter (transmitting unit 2802) configured to transmit the plurality of uplink information items (HARQ-ACK, CSI and SR) using a plurality of uplink control channels (PUCCHs) simultaneously via the same time resources ... Sections 0092-0095, 0097-0098, 0466-0491, and 0512: UE receives a higher-layer signaling configuration that a PUCCH and PUSCH can be transmitted simultaneously; the PUCCH is transmitted in a long slot and the PUSCH is transmitted in a short slot during a same period. All UCI (claimed “uplink information items”) is transmitted on the PUCCH rather than on the PUSCH and only data (claimed “uplink information items”) is transmitted by UE on the PUSCH. Sections 0095, 0468, 0469, 0471, 0472, 0475, 0479, 0482, and 0521: UE transmits a plurality of PUCCHs simultaneously in one subframe and each PUCCH transmits HARQ-ACK, CSI or SR corresponding thereto; specifically, HARQ-ACK, CSI and SR are each transmitted on its corresponding PUCCH respectively, so when UE needs to transmit HARQ-ACK and CSI in a subframe n, UE transmits HARQ-ACK on a PUCCH for HARQ-ACK and transmits CSI on a PUCCH for CSI (claimed “transmit the plurality of uplink information items using a plurality of uplink control channels simultaneously via the same time resources ”). Refer to Sections 0373-0856.
Fu et al do not disclose … a processor configured to control, based on a channel collision, a plurality of uplink information items using a plurality of uplink shared channels to be simultaneously transmitted via same time resources; and a transmitter configured to transmit the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources …
Khoshnevisan et al disclose in Figures 1-11 and Sections 0041, 0042, 0066-0068, 0086, 0088, 0093, 0094, 0097, 0105, and 0122 wherein UCI, such as HARQ-ACK and CSI, can be transmitted on a plurality of different PUSCHs simultaneously via the same component carrier; UE can multiplex UCI on each of a plurality of PUSCHs for simultaneous transmission (claimed “a plurality of uplink information items using a plurality of uplink shared channels to be simultaneously transmitted via same time resources”). Section 0061 disclose that multiplexing rules are defined to resolve collisions between PUSCHs (claimed “based on a channel collision”). By multiplexing UCI on each of a plurality of PUSCHs for simultaneous transmission, collisions between UCI transmissions are the plurality of PUSCHs can be resolved. Refer to Sections 0022-0128. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include … a processor configured to control, based on a channel collision, a plurality of uplink information items using a plurality of uplink shared channels to be simultaneously transmitted via same time resources; and a transmitter configured to transmit the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources … One would have been motivated to do so so that UE can transmit UCI on a plurality of PUSCHs simultaneously to utilize PUSCHs for shared channel transmissions, and to perform the transmission based on collision to avoid and resolve collision, thereby facilitating UCI transmission.
Fu et al and Khoshnevisan et al do not disclose … a transmitter configured to transmit the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources, regardless of the channel collision between any combination of a plurality of uplink control channels and a plurality of uplink shared channels.
Dimou et al disclose in Figures 1-10 and Sections 0069-0073 wherein BS determines the channel collision between uplink transmission, such as HARQ, on an uplink channel and downlink transmissions on a downlink channel. BS may transmit the indication to multiplex the HARQ with the PUSCH communication to avoid collisions on the next available PUCCH resource. Or, BS may transmit the indication to multiplex the HARQ with the PUSCH communication scheduled in the same slot as the collision. Or, BS may transmit the indication to multiplex the HARQ with the PUSCH communication regardless of whether the PUSCH communication is scheduled before or after the next available PUCCH resource after the collision (claimed “regardless of the channel collision between any combination of a plurality of uplink control channels and a plurality of uplink shared channels”); for, example, BS may activate the multiplexing of the HARQ and the PUSCH communication even if the next available PUCCH resource is earlier than the scheduled PUSCH communication. Refer to Sections 0024-0197. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include … a transmitter configured to transmit the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources, regardless of the channel collision between any combination of a plurality of uplink control channels and a plurality of uplink shared channels. One would have been motivated to do so so that UE can simultaneously transmit uplink information items regardless of channel collision between PUCCH and PUSCH, thereby allowing UE more flexibility in transmitting uplink information items.
Referring to claim 2, Fu et al disclose in Figures 1-95 wherein the processor controls the plurality of uplink control channels to be transmitted simultaneously or controls an uplink control channel
and an uplink shared channel to be transmitted simultaneously, via the same time resources. Sections 0095, 0468, 0469, 0471, 0472, 0475, 0479, 0482, and 0521: UE transmits a plurality of PUCCHs simultaneously in one subframe and each PUCCH transmits HARQ-ACK, CSI or SR corresponding thereto; specifically, HARQ-ACK, CSI and SR are each transmitted on its corresponding PUCCH respectively, so when UE needs to transmit HARQ-ACK and CSI in a subframe n, UE transmits HARQ-ACK on a PUCCH for HARQ-ACK and transmits CSI on a PUCCH for CSI (claimed “controls a plurality of uplink control channels to be transmitted simultaneously … , via the same time resources”). Sections 0092-0095, 0097-0098, 0466-0491, and 0512: UE receives a higher-layer signaling configuration that a PUCCH and PUSCH can be transmitted simultaneously; the PUCCH is transmitted in a long slot and the PUSCH is transmitted in a short slot within a same slot or during a same period; all UCI is transmitted on the PUCCH rather than on the PUSCH and only data is transmitted by UE on the PUSCH (claimed “controls an uplink control channel and an uplink shared channel to be transmitted simultaneously, via the same time resources”). Refer to Sections 0373-0856.
Referring to claim 3, Fu et al disclose in Figures 1-95 wherein the processor controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using each frequency unit (cell). The specification of the pending application discloses in Sections 0094 and 0111 that a claimed “frequency unit” can be a cell. Sections 0467, 0470, 0474, 0478, 0481, 0508, 0512, 0743, 0813, and 0820: UE transmits the PUCCH and the PUSCH simultaneously in one or more serving cells in the same period. Figures 23-24: UE is configured with 2 servings cells, serving cell 1 and serving cell 2. UE simultaneously transmits, in the same period, the PUCCH using serving cell 1 and the PUSCH using serving cell 2, wherein the PUCCH is used for uplink data and the PUSCH is used for UCI. So, UE simultaneously transmits uplink data and UCI in the same period using each serving cell, which includes serving cell 1 and serving cell 2 (claimed “controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using each frequency unit”). Refer to Sections 0373-0856.
Referring to claim 4, Fu et al disclose in Figures 1-95 wherein the processor controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using multiple frequency units (cells). The specification of the pending application discloses in Sections 0094 and 0111 that a claimed “frequency unit” can be a cell. Sections 0467, 0470, 0474, 0478, 0481, 0508, 0512, 0743, 0813, and 0820: UE transmits the PUCCH and the PUSCH simultaneously in one or more serving cells in the same period. Figures 23-24: UE is configured with 2 servings cells, serving cell 1 and serving cell 2. UE simultaneously transmits, in the same period, the PUCCH using serving cell 1 and the PUSCH using serving cell 2, wherein the PUCCH is used for uplink data and the PUSCH is used for UCI. So, UE simultaneously transmits uplink data and UCI in the same period using multiple serving cell, which includes serving cell 1 and serving cell 2 (claimed “controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using multiple frequency units”). Refer to Sections 0373-0856.
Referring to claim 5, Fu et al disclose in Figures 1-95 a communication method performed by a terminal (UE of Figure 74), the communication method comprising:
Controlling (by processing unit 2801) … a plurality of uplink information items (uplink data and UCI such as CSI, SR and HARQ; Sections 0016, 0022, 0093, 0095, 0096, 0379, 0468, 0471, 0472, 0475, 0479, 0482, and 0489) to be simultaneously transmitted via same time resources (same period, same slot, or same subframe, wherein period, slot, or subframe is a time resource; Sections 0005, 0025, 0048-0049, 0051-0052, 0065, 0076, 0697, 0712, 0725, 0728, 0732, and 0735).
Transmitting (by transmitting unit 2802) the plurality of uplink information items (HARQ-ACK, CSI and SR) using a plurality of uplink control channels (PUCCHs) simultaneously via the same time resources ... Sections 0092-0095, 0097-0098, 0466-0491, and 0512: UE receives a higher-layer signaling configuration that a PUCCH and PUSCH can be transmitted simultaneously; the PUCCH is transmitted in a long slot and the PUSCH is transmitted in a short slot during a same period. All UCI (claimed “uplink information items”) is transmitted on the PUCCH rather than on the PUSCH and only data (claimed “uplink information items”) is transmitted by UE on the PUSCH. Sections 0095, 0468, 0469, 0471, 0472, 0475, 0479, 0482, and 0521: UE transmits a plurality of PUCCHs simultaneously in one subframe and each PUCCH transmits HARQ-ACK, CSI or SR corresponding thereto; specifically, HARQ-ACK, CSI and SR are each transmitted on its corresponding PUCCH respectively, so when UE needs to transmit HARQ-ACK and CSI in a subframe n, UE transmits HARQ-ACK on a PUCCH for HARQ-ACK and transmits CSI on a PUCCH for CSI (claimed “transmit the plurality of uplink information items using a plurality of uplink control channels simultaneously via the same time resources ”). Refer to Sections 0373-0856.
Fu et al do not disclose … controlling, based on a channel collision, a plurality of uplink information items using a plurality of uplink shared channels to be simultaneously transmitted via same time resources; and transmitting the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources …
Khoshnevisan et al disclose in Figures 1-11 and Sections 0041, 0042, 0066-0068, 0086, 0088, 0093, 0094, 0097, 0105, and 0122 wherein UCI, such as HARQ-ACK and CSI, can be transmitted on a plurality of different PUSCHs simultaneously via the same component carrier; UE can multiplex UCI on each of a plurality of PUSCHs for simultaneous transmission (claimed “a plurality of uplink information items using a plurality of uplink shared channels to be simultaneously transmitted via same time resources”). Section 0061 disclose that multiplexing rules are defined to resolve collisions between PUSCHs (claimed “based on a channel collision”). By multiplexing UCI on each of a plurality of PUSCHs for simultaneous transmission, collisions between UCI transmissions are the plurality of PUSCHs can be resolved. Refer to Sections 0022-0128. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include … a processor configured to control, based on a channel collision, a plurality of uplink information items using a plurality of uplink shared channels to be simultaneously transmitted via same time resources; and a transmitter configured to transmit the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources … One would have been motivated to do so so that UE can transmit UCI on a plurality of PUSCHs simultaneously to utilize PUSCHs for shared channel transmissions, and to perform the transmission based on collision to avoid and resolve collision, thereby facilitating UCI transmission.
Fu et al and Khoshnevisan et al do not disclose … transmitting the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources, regardless of the channel collision between any combination of a plurality of uplink control channels and a plurality of uplink shared channels.
Dimou et al disclose in Figures 1-10 and Sections 0069-0073 wherein BS determines the channel collision between uplink transmission, such as HARQ, on an uplink channel and downlink transmissions on a downlink channel. BS may transmit the indication to multiplex the HARQ with the PUSCH communication to avoid collisions on the next available PUCCH resource. Or, BS may transmit the indication to multiplex the HARQ with the PUSCH communication scheduled in the same slot as the collision. Or, BS may transmit the indication to multiplex the HARQ with the PUSCH communication regardless of whether the PUSCH communication is scheduled before or after the next available PUCCH resource after the collision (claimed “regardless of the channel collision between any combination of a plurality of uplink control channels and a plurality of uplink shared channels”); for, example, BS may activate the multiplexing of the HARQ and the PUSCH communication even if the next available PUCCH resource is earlier than the scheduled PUSCH communication. Refer to Sections 0024-0197. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include … transmitting the plurality of uplink information items using a plurality of uplink shared channels simultaneously via the same time resources, regardless of the channel collision between any combination of a plurality of uplink control channels and a plurality of uplink shared channels. One would have been motivated to do so so that UE can simultaneously transmit uplink information items regardless of channel collision between PUCCH and PUSCH, thereby allowing UE more flexibility in transmitting uplink information items.
Referring to claim 6, Fu et al disclose in Figures 1-95 wherein the processor controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using each frequency unit (cell). The specification of the pending application discloses in Sections 0094 and 0111 that a claimed “frequency unit” can be a cell. Sections 0467, 0470, 0474, 0478, 0481, 0508, 0512, 0743, 0813, and 0820: UE transmits the PUCCH and the PUSCH simultaneously in one or more serving cells in the same period. Figures 23-24: UE is configured with 2 servings cells, serving cell 1 and serving cell 2. UE simultaneously transmits, in the same period, the PUCCH using serving cell 1 and the PUSCH using serving cell 2, wherein the PUCCH is used for uplink data and the PUSCH is used for UCI. So, UE simultaneously transmits uplink data and UCI in the same period using each serving cell, which includes serving cell 1 and serving cell 2 (claimed “controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using each frequency unit”). Refer to Sections 0373-0856.
Referring to claim 7, Fu et al disclose in Figures 1-95 wherein the processor controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using multiple frequency units (cells). The specification of the pending application discloses in Sections 0094 and 0111 that a claimed “frequency unit” can be a cell. Sections 0467, 0470, 0474, 0478, 0481, 0508, 0512, 0743, 0813, and 0820: UE transmits the PUCCH and the PUSCH simultaneously in one or more serving cells in the same period. Figures 23-24: UE is configured with 2 servings cells, serving cell 1 and serving cell 2. UE simultaneously transmits, in the same period, the PUCCH using serving cell 1 and the PUSCH using serving cell 2, wherein the PUCCH is used for uplink data and the PUSCH is used for UCI. So, UE simultaneously transmits uplink data and UCI in the same period using multiple serving cell, which includes serving cell 1 and serving cell 2 (claimed “controls the plurality of uplink information items to be transmitted simultaneously via the same time resources by using multiple frequency units”). Refer to Sections 0373-0856.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 20190335449 to Xiong et al disclose ion Figures 1-17 and Sections 0044-0045 wherein certain UCI feedbacks are aggregated and transmitted simultaneously in a single PUCCH; when HARQ ACK/NACK feedback and/or periodic CSI reports are scheduled in the same slot, UE groups HARQ ACK/NACK feedback and CSI reports and transmits them simultaneously on a single PUCCH. Refer to Sections 0020-0179.
U.S. Publication No. 20220077969 to Kim et al disclose in Figures 1-44 and Sections 0465-0491 wherein when PDCCHs corresponding to different RS sets are simultaneously transmitted from different TRPs, panels, and/or beams to UE in one search space, HARQ information of a PDSCH scheduled by each PDCCH may be simultaneously transmitted from UE through different PUCCH resources. Refer to Sections 0065-0754.
U.S. Publication No. 20210006376 to Crick et al disclose in Figures 1-31 and Section 0490 wherein UE performs sending the first HARQ-ACK information in the first PUCCH transmission via the first PUCCH resource, the second HARQ-ACK information in the second PUCCH transmission via the second PUCCH resource, the third HARQ-ACK information in the third PUCCH transmission via the third PUCCH resource, and the fourth HARQ-ACK information in the fourth PUCCH transmission via the fourth PUCCH resource; BS monitors the first PUCCH resource, the second PUCCH resource, the third PUCCH resource, and the fourth PUCCH resource simultaneously, for example, if multiple sets of HARQ-ACK information are sent in the same slot. Refer to Sections 0041-0588.
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 CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm.
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/Christine Ng/
Examiner, AU 2464
August 31, 2026
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