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 .
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, 3, 7-8, 10, 14-15 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ye et al. (US Publication 2021/0258104 A1).
In regards to claims 1, 8 and 15 Ye et al. (US Publication 2021/0258104 A1) teaches, a method, the method comprising: at a first device in a wireless communication network: communicating, in accordance with a first communication mode, data or control information with a second device in the wireless communication network, the first communication mode being one of a plurality of communication modes comprising at least the first communication mode and a second communication mode (see paragraph 94 and figure 6; two sets of HARQ process numbers may be configured by a base station 102, as illustrated at 601. A UE 106 may receive a first set and a second set of HARQ process numbers 602; The first set and the second set of HARQ process numbers 602 may correspond to a first set and a second set of HARQ processes respectively), the second communication mode differing from the first communication mode in terms of at least one of: a quantization level used to quantize values of variables in the data or the control information; or a Hybrid Automatic Repeat reQuest (HARQ) feedback and retransmission mode for selective retransmission of one or more portions of the data or the control information (see paragraph 94; Each HARQ process in the first set of HARQ processes is configured to enable a HARQ feedback, and each HARQ process in the second set of HARQ processes is configured to disable or enable a HARQ feedback. In each HARQ process in the first set of HARQ processes, the HARQ feedback is always on. In each HARQ process in the second set of HARQ processes, the HARQ feedback is flexible, may be on or off); switching from communicating data or control information with the another apparatus in accordance with the first communication mode to communicating data or control information with the another apparatus in accordance with the second communication mode (see figure 6 step 605; determination of whether to enable or disabling the HARQ feedback; see paragraph 94; Each HARQ process in the first set of HARQ processes is configured to enable a HARQ feedback, and each HARQ process in the second set of HARQ processes is configured to disable or enable a HARQ feedback. In each HARQ process in the first set of HARQ processes, the HARQ feedback is always on. In each HARQ process in the second set of HARQ processes, the HARQ feedback is flexible, may be on or off).
In regards to claims 3, 10 and 17, Ye teaches, in the first communication mode, a first HARQ feedback and retransmission mode is used, wherein, in the first HARQ feedback and retransmission mode, there is no HARQ feedback process and no retransmission of the data or the control information between the first device and the second device (see paragraph 99; for a HARQ process in the second set of HARQ processes with semi-statically enabled HARQ feedback, DCI 605 may be configured to disable a HARQ feedback for a DL transmission. As illustrated in FIG. 6, the UE 106 may receive the DCI 605 through a physical downlink control channel (PDCCH)); and in the second communication mode, a second HARQ feedback and retransmission mode is used, wherein, in the second HARQ feedback and retransmission mode, there is a HARQ feedback process to request retransmission of the one or more portions of the data or the control information (see paragraph 98; If the HARQ feedback/retransmission is switched from being disabled to enabled, a timer may be configured. Then, the HARQ feedback/retransmission may apply after a configured time period by the timer).
In regards to claims 7 and 14, Ye teaches, wherein switching comprises: transmitting, from the first device, control signaling to the second device, the control signaling containing a switching instruction; and after transmitting the control signaling, switching from the first communication mode to the second communication mode (see paragraph 94; Each HARQ process in the first set of HARQ processes is configured to enable a HARQ feedback, and each HARQ process in the second set of HARQ processes is configured to disable or enable a HARQ feedback. In each HARQ process in the first set of HARQ processes, the HARQ feedback is always on. In each HARQ process in the second set of HARQ processes, the HARQ feedback is flexible, may be on or off).
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.
Claim(s) 2, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ye as stated above further in view of Jung et al. (US Patent 11469861 B1).
In regards to claims 2, 9 and 16 Ye teaches all the limitations of the parent claims as stated above.
However, Ye fails to teach, training an artificial intelligence or machine learning (AI/ML) model at the first device based on the data or the control information communicated with the second device.
Jung et al. (US Patent 11469861 B1) teaches training an artificial intelligence or machine learning (AI/ML) model at the first device based on the data or the control information communicated with the second device (see column 14, line 18; enabling/disabling HARQ feedback; see column 36, lines 29-39; learning processor learning a model consisting of artificial neural networks, using learning data. The learning processor unit (140c) may perform AI processing together with the learning processor unit of the AI server (400 of FIG. 20). The learning processor unit (140c) may process information received from an external device through the communication unit (110) and/or information stored in the memory unit (130). In addition, an output value of the learning processor unit (140c) may be transmitted to the external device through the communication unit (110) and may be stored in the memory unit (130)).
Jung and Ye are both related to selective HARQ applications.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the present application to incorporate the use of artificial neural networks using learning data as taught by Jung into the HARQ process of Ye. The motivation to do so would be optimize error correction, feedback and retransmission timings.
Allowable Subject Matter
Claims 4-5, 11-12 and 18-19 are 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.
In regards to the claims 4, 11 and 18, the cited prior art fails to teach, the first communication mode, a first HARQ feedback and retransmission mode is used, wherein N1 retransmissions are permitted in the first HARQ feedback and retransmission mode, wherein N1 is an integer and N1>1; and in the second communication mode, a second HARQ feedback and retransmission mode is used, wherein a maximum of N2 retransmissions are permitted in the second HARQ feedback and retransmission mode, wherein N2 is an integer and N2 > N1.
In regards to claims 5, 12 and 19, the cited prior art fails to teach, in the first communication mode, a first quantization level is used to quantize the values of variables in the data or the control information; and in the second communication mode, a second quantization level, higher than the first quantization level, is used to quantize the values of variables in the data or the control information.
Prior Art Vincent (US Publication 2022/0029769 A1) teaches, in figure 4, a retransmission based on a updated degradation of channel quality based on a decreasing current CQI.
Prior art Kang et al. (US Publication 2023/0269028 A1) teaches, in figure 9, At step 910, the UE may identify the HARQ retransmission mode to be applied to the transport block including the MAC PDU. That is, the UE may select one of HARQ feedback-based retransmission and blind retransmission to be applied to the transport block including the MAC PDU. At step 912, the UE may transmit the transport block including the MAC PDU by applying the selected retransmission mode, and then proceed to step 908 (see paragraph 132).
Response to Arguments
Applicant's arguments filed 8/24/2026 have been fully considered but they are not persuasive.
The applicant essentially argues on pages 8-9 of the arguments that “Ye does not disclose the adaptive features of switching, based on a criterion evaluated during the communicating in the first communication mode, from communicating the data or the control information with the second device in accordance with the first communication mode to communicating second data or second control information with the second device in accordance with the second communication mode. The cited section of Ye states that "HARQ feedback may be disabled or enabled in multiple layers. Though a downlink (DL) transmission is illustrated as an example in FIG. 6, this solution may also be applied to an uplink (UL) transmission. In some embodiments, two sets of HARQ process numbers may be configured by a base station 102, as illustrated at 6o1." Ye, [0094]. Thus in Ye, the two HARQ process sets are configured by the base station before communication begins. Ye does not disclose any criterion evaluated during an ongoing communication session that triggers a switch from one communication mode to another. Indeed, Ye's base station pre-assigns HARQ process numbers to Set 1 and Set 2 as a static network configuration, and there is no disclosure in Ye of any runtime condition monitored during communication that drives a mode transition. So, Ye does not disclose switching based on a criterion evaluated during the communicating in the first communication mode, as set forth in amended claim 1.”
However Ye also teaches with respect to figure 16, At 1602, a wireless device, such as UE 106, may receive a first signal assigning a traffic stream to a first HARQ process. In some embodiments, the first HARQ process is a shared HARQ process, in which the UE shares a HARQ identification with other UEs.[0149] At 1604, the wireless device may transmit the traffic stream in the first HARQ process.;[0150] At 1606, the wireless device may receive a second signal to suspend the traffic stream on the first HARQ process. In some embodiments, the traffic stream is moved to a suspended state while being suspended, and wherein a buffer of the suspended state is smaller than a HARQ buffer.;[0151] At 1608, the wireless device may receive a third signal to reactive the traffic stream in a second HARQ process.;[0152] At 1610, the wireless device may transmit the traffic stream in the second HARQ process. In some embodiments, a HARQ process identification in the second HARQ process is different than a HARQ process identification in the first HARQ process. In some embodiments, a HARQ process identification in the second HARQ process is same as a HARQ process identification in the first HARQ process.
Thus there is dynamic adaptation/change to another mode.
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 JAY P PATEL whose telephone number is (571)272-3086. The examiner can normally be reached M-F 9:30-6.
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/JAY P PATEL/Primary Examiner, Art Unit 2466
