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 .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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, 4 - 6, 9 - 12, 15 - 17, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Koshnevhan, U.S. Patent Publication No. 2022/0330307.
Koshnevhan teaches:
1. A hybrid automatic repeat request acknowledgement processing method, comprising:
in a case that a first hybrid automatic repeat request acknowledgement (HARQ-ACK) and a second HARQ-ACK are located in one time unit and that a codebook used by the first HARQ-ACK is a first codebook, generating, by a terminal, HARQ-ACK information of the first HARQ-ACK and HARQ-ACK information of the second HARQ-ACK based on the first codebook, or generating HARQ-ACK information based on a priority of the first HARQ-ACK and a priority of the second HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
4. The method according to claim 1, wherein the generating, by the terminal, the HARQ-ACK information based on the priority of the first HARQ-ACK and the priority of the second HARQ-ACK comprises at least one of the following:
in a case that the priority of the first HARQ-ACK is higher than or equal to the priority of the second HARQ-ACK, generating, by the terminal, the HARQ-ACK information of the first HARQ-ACK and the HARQ-ACK information of the second HARQ-ACK based on the first codebook; or
in a case that the priority of the first HARQ-ACK is lower than the priority of the second HARQ-ACK, generating, by the terminal, the HARQ-ACK information of the first HARQ-ACK based on the first codebook, and generating the HARQ-ACK information of the second HARQ-ACK based on the second codebook, wherein the second codebook is the codebook used by the second HARQ-ACK as indicated by the network-side device (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
5. The method according to claim 1, wherein the generating, by the terminal, the HARQ-ACK information based on the priority of the first HARQ-ACK and the priority of the second HARQ-ACK comprises at least one of the following:
in a case that the priority of the first HARQ-ACK is equal to the priority of the second HARQ-ACK, generating, by the terminal, the HARQ-ACK information of the first HARQ-ACK and the HARQ-ACK information of the second HARQ-ACK based on the first codebook; or
in a case that the priority of the first HARQ-ACK is not equal to the priority of the second HARQ-ACK, generating, by the terminal, the HARQ-ACK information of the first HARQ-ACK based on the first codebook, and generating the HARQ-ACK information of the second HARQ-ACK based on the second codebook, wherein the second codebook is the codebook used by the second HARQ-ACK as indicated by the network-side device (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
6. The method according to claim 4, wherein the generating, by the terminal, the HARQ-ACK information of the first HARQ-ACK based on the first codebook, and generating the HARQ-ACK information of the second HARQ-ACK based on the second codebook further comprises:
in a case that a first resource overlaps a second resource, transmitting, by the terminal, the HARQ-ACK information of the second HARQ-ACK by using the second resource; and
in a case that the first resource does not overlap the second resource, transmitting, by the terminal, the HARQ-ACK information of the first HARQ-ACK by using the first resource, and transmitting the HARQ-ACK information of the second HARQ-ACK by using the second resource, wherein the first resource is a transmission resource for the first HARQ-ACK; and
the second resource is a transmission resource for the second HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
9. The method according to claim 1, wherein the generating, by a terminal, HARQ-ACK information of the first HARQ-ACK and HARQ-ACK information of the second HARQ-ACK based on the first codebook comprises:
based on a HARQ process identifier, in a case that a corresponding physical downlink shared channel (PDSCH) or physical downlink control channel (PDCCH) is received, generating, by the terminal, acknowledgement or negative acknowledgement information according to a decoding result of the PDSCH or the PDCCH; or
in a case that a corresponding PDSCH or PDCCH is not received, generating negative acknowledgement information (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096], Khoshnevhan).
10. The method according to claim 1, wherein the generating, by a terminal, HARQ-ACK information of the first HARQ-ACK and HARQ-ACK information of the second HARQ-ACK based on the first codebook further comprises: transmitting, by the terminal, the generated HARQ-ACK information of the first HARQ-ACK and HARQ-ACK information of the second HARQ-ACK by using a first resource, wherein the first resource is a transmission resource for the first HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
11. The method according to claim 1, wherein the first HARQ-ACK is a unicast HARQ-ACK, and the second HARQ-ACK is a multicast HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
12. A terminal, comprising a processor and a memory, wherein the memory stores a program or instructions capable of running on the processor, wherein the program or instructions, when executed by the processor, causes the processor to perform:
in a case that a first hybrid automatic repeat request acknowledgement (HARQ-ACK) and a second HARQ-ACK are located in one time unit and that a codebook used by the first HARQ-ACK is a first codebook, generating HARQ-ACK information of the first HARQ-ACK and HARQ-ACK information of the second HARQ-ACK based on the first codebook, or generating HARQ-ACK information based on a priority of the first HARQ-ACK and a priority of the second HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
15. The terminal according to claim 12, wherein when generating the HARQ-ACK information based on the priority of the first HARQ-ACK and the priority of the second HARQ-ACK, the program or instructions, when executed by the processor, causes the processor to perform at least one of the following:
in a case that the priority of the first HARQ-ACK is higher than or equal to the priority of the second HARQ-ACK, generating the HARQ-ACK information of the first HARQ-ACK and the HARQ-ACK information of the second HARQ-ACK based on the first codebook; or
in a case that the priority of the first HARQ-ACK is lower than the priority of the second HARQ-ACK, generating the HARQ-ACK information of the first HARQ-ACK based on the first codebook, and generating the HARQ-ACK information of the second HARQ-ACK based on the second codebook, wherein the second codebook is the codebook used by the second HARQ-ACK as indicated by the network-side device (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096], Khoshnevhan, 2021/0111835).
16. The terminal according to claim 12, wherein when generating the HARQ-ACK information based on the priority of the first HARQ-ACK and the priority of the second HARQ-ACK, the program or instructions, when executed by the processor, causes the processor to perform at least one of the following:
in a case that the priority of the first HARQ-ACK is equal to the priority of the second HARQ-ACK, generating the HARQ-ACK information of the first HARQ-ACK and the HARQ-ACK information of the second HARQ-ACK based on the first codebook; or
in a case that the priority of the first HARQ-ACK is not equal to the priority of the second HARQ-ACK, generating the HARQ-ACK information of the first HARQ-ACK based on the first codebook, and generating the HARQ-ACK information of the second HARQ-ACK based on the second codebook, wherein the second codebook is the codebook used by the second HARQ-ACK as indicated by the network-side device (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
17. The terminal according to claim 15, wherein when generating the HARQ-ACK information of the first HARQ-ACK based on the first codebook, and generating the HARQ-ACK information of the second HARQ-ACK based on the second codebook, the program or instructions, when executed by the processor, causes the processor to further perform:
in a case that a first resource overlaps a second resource, transmitting the HARQ-ACK information of the second HARQ-ACK by using the second resource; and
in a case that the first resource does not overlap the second resource, transmitting the HARQ-ACK information of the first HARQ-ACK by using the first resource, and transmitting the HARQ-ACK information of the second HARQ-ACK by using the second resource, wherein the first resource is a transmission resource for the first HARQ-ACK; and the second resource is a transmission resource for the second HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
20. A non-transitory readable storage medium, wherein the non-transitory readable storage medium stores a program or instructions, wherein the program or instructions, when executed by a processor of a terminal, causes the processor of the terminal to perform:
in a case that a first hybrid automatic repeat request acknowledgement (HARQ-ACK) and a second HARQ-ACK are located in one time unit and that a codebook used by the first HARQ-ACK is a first codebook, generating HARQ-ACK information of the first HARQ-ACK and HARQ-ACK information of the second HARQ-ACK based on the first codebook, or generating HARQ-ACK information based on a priority of the first HARQ-ACK and a priority of the second HARQ-ACK (HARQ-ACK codebooks are prioritized based on priority or multicast or unicast transmissions, [0094] – [0096]).
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.
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.
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevhan as applied to claims 1 and 12 above, and further in view of Korhonen, U.S. Patent Publication No. 2022/0330307.
Khoshnevhan teaches overlapping HARQ-ACK codebooks in a wireless communications system. Khoshnevhan does not teach utilizing the newest type-3 codebook. However, Korhonen teaches utilizing the newest type-3 codebook. It would have been obvious to one skilled in the art at the time of the filing to modify the teachings of Khoshnevhan to incorporate the known technique of utilizing a type-3 codebook as taught by Korhonen in order to obtain the predictable result of staying current with communication specifications.
The combination teaches:
2. The method according to claim 1, wherein the first codebook is a type 3 codebook or an enhanced type 3 codebook (Type-3 HARQ-ACK codebook, [0060], Korhonen).
13. The terminal according to claim 12, wherein the first codebook is a type 3 codebook or an enhanced type 3 codebook (Type-3 HARQ-ACK codebook, [0060], Korhonen).
Allowable Subject Matter
Claims 3, 7, 8, 14, 18, and 19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Additionally, claim 3 utilizes a conditional “if” term. Under a broadest reasonable interpretation, nothing after “if” is required to happen and not given patentable weight. It is suggested to replace the term “if” with the term “responsive to”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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PETER G. SOLINSKY
Examiner
Art Unit 2463
/Peter G Solinsky/Primary Examiner, Art Unit 2463
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