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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 15-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter.
Regarding claims 15-20, the independent claim recites a computer readable medium comprising computer executable instructions. The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. In this case, the specification recites in paragraph 0227, “The term “communication device-readable medium” is inclusive of the terms “machine-readable medium” or “computer-readable medium”, and may include any medium that is capable of storing, encoding, or carrying instructions (e.g., instructions 624) for execution by the communication device 600 and that cause the communication device 600 to perform any one or more of the techniques of the present disclosure, or that is capable of storing, encoding or carrying data structures used by or associated with such instructions.” When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter).
A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. 101 by adding the limitation "non-transitory" to the claim. Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se. The limited situations in which such an amendment could raise issues of new matter occur, for example, when the specification does not support a non-transitory embodiment because a signal per se is the only viable embodiment such that the amended claim is impermissibly broadened beyond the supporting disclosure. See, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473 (Fed. Cir. 1998).
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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0215095 A1), hereinafter referred to as D1, in view of Li et al. (US 2020/0052861 A1), hereinafter referred to as D2.
Regarding claims 1, 8, and 15, D1 discloses a method and apparatus for data modulation and coding for new radio, which comprises:
receive radio resource control (RRC) configuration information from a base station, the RRC configuration information comprising: a channel quality indicator (CQI) table indication identifying a CQI table from a plurality of CQI tables (Referring to Figures 11 and 12, in the NR or the LTE/LTE-A systems, a separate CQI table for CQI or CSI reporting of a UE may be defined for each target BLER. That is, it is possible to define a plurality of CQI tables. Accordingly, i) a base station or a network may configure configuration information on a CQI table to be applied for CQI reporting in a UE based on a target BLER required for each UE through higher layer signaling. A plurality of CQI reporting or CSI reporting processes may be established in a base station or a network for any one UE. A separate CQI table to be applied for CQI reporting is configured for each CQI reporting or CSI reporting process, and then information on the configured separate CQI table may be transmitted to a corresponding UE through higher layer signaling. Accordingly, CQI table information is decoded, having been received from the base station, utilizing high layer signaling, RRC signaling, to identify a CQI table. See paragraphs 0164-0172.);
an MCS table indication identifying an MCS table from one of a first MCS table and a second MCS table, wherein the first MCS table identifies respective higher target code rates than target code rates identified in the second MCS table (Referring to Figures 11 and 12, a separate CQI table for CQI reporting of a UE for each target BLER, and ii) a separate MCS table for each target BLER. For example, in the case of an MCS table optimized for maximizing the transmission rate, such as in the eMBB, it is possible to configure an MCS table based on higher order modulation. For example, in the case of an MCS table for reliability-critical data, such as in the URLLC, it is possible to configure an MCS table based on lower order modulation. That is, according to the target BLER values, as the target BLER is higher, it is possible to configure an MCS table having an MCS index based on a higher order modulation scheme such as 64QAM, 256QAM, or 1024QAM. As the target BLER is lower, it is possible to configure another MCS table having an MCS index based on a lower order modulation scheme such as QPSK or 16 QAM may be constructed. Thereby, decoding second higher layer signaling, RRC signaling, which includes an MCS table identification, with a first and second MCS table. See paragraphs 0164-0172.);
determine a CQI index from the CQI table, transmit an indication of a CQI index to the base station; and receive a downlink (DL) grant using the identified MCS table (Referring to Figures 11 and 12, A plurality of CQI reporting or CSI reporting processes may be established in a base station or a network for any one UE, reporting to the base station. A separate CQI table to be applied for CQI reporting is configured for each CQI reporting or CSI reporting process, and then information on the configured separate CQI table may be transmitted to a corresponding UE through higher layer signaling. MCS table A, MCS table B, MCS table C, . . . , etc. may be defined for each target BLER or for each relevant CQI table. An MCS table to be applied for data channel transmission/reception for each UE may be defined to be determined according to CQI table configuration information. As another example, MCS table A, MCS table B, MCS table C, . . . , etc. may be defined for each target BLER or for each relevant CQI table. Accordingly, CSI is reported to the base station, comprising the CQI index associated with the CQI table, corresponding to the MCS selection by the base station. See paragraphs 0164-0172. A base station may be defined to dynamically configure information for selecting an MCS table to be applied through scheduling DCI on the PDSCH or PUSCH and then signals to a corresponding UE. That is, in configuring a DL allocation DCI format or a UL grant DCI format for a UE, it may be defined to include an information area or an information field for selecting the MCS table. See paragraphs 0172-0174.)
D1 does not disclose does not disclose wherein the transport block error probability threshold is 0.1 or 0.00001 and is indicated by the CQI table indication.
D1 teaches requirements required for data transmission according to usage scenarios, and accordingly, target BLERs for data transmission, i.e. PDSCH transmission or PUSCH transmission, may be different. To satisfy such separate target BLERs (transport block error probability), it is required to define i) a separate CQI table for CQI reporting of a UE for each target BLER, and ii) a separate MCS table for each target BLER. See paragraph 0163-0165. D2 teaches it is well-known in the art that the Third Generation Partnership Project (3GPP) Technical Specification (TS) 36.213, the Channel Quality Index (CQI) definition is given. For a User Equipment device (UE), based on an observation interval in time, and an observation interval in frequency, the User Equipment device (UE) shall derive, for each CQI value reported in uplink subframe, the highest CQI index which satisfies the following condition, or CQI index 0 if CQI index 1 does not satisfy the condition: A single Physical Downlink Shared Channel (PDSCH) transport block with a combination of modulation scheme and transport block size corresponding to the CQI index, and occupying a group of downlink physical resource blocks termed the Channel State Information ( CSI) reference resource, could be received with a transport block error probability not exceeding a given threshold. The threshold is configurable, such as 0.1 or 0.00001. See paragraphs 0003-0005.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known transport block error probability of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known probability thresholds.
Regarding claims 2, 9, and 16, the primary reference further teaches wherein when the first MCS table is identified, a higher target code rate is selected based on a MCS index than when the second MCS table is identified, wherein the second MCS table includes the following modulation order and target code rate for MCS index value of 0-3: see table (Referring to Figures 11 and 12, method 1100 includes transmitting control information indicating a specific modulation and coding scheme (MCS) index corresponding to modulation and coding scheme (MCS) information to be applied to the physical uplink shared channel through a physical downlink control channel (S1110), and receiving the physical uplink shared channel modulated based on specific MCS information determined using the specific MCS index and one of two or more MCS tables containing modulation order information corresponding to the specific MCS index (S1120). These MCS tables may additionally include a target code rate corresponding to the specific MCS index, which is calculated by the target BLER described above and spectral efficiency. See paragraphs 0199-0208. As recited above, configure an MCS table having an MCS index based on a higher order modulation scheme such as 64QAM, 256QAM, or 1024QAM (equivalent to a first MCS table having a higher target code rate because the higher level of modulation corresponds to a higher code rate, for example a high CQI index). As the target BLER is lower, it is possible to configure another MCS table having an MCS index based on a lower order modulation scheme such as QPSK or 16 QAM may be constructed (equivalent to second table having a lower target code rate as a lower level of modulation corresponds to a lower code rate, for example a low CQI index). Thereby, decoding second higher layer signaling, RRC signaling, which includes an MCS table identification, with a first and second MCS table. See paragraphs 0164-0172.)
Regarding claims 3, 10, and 17, the primary reference further table as recited by the claim (Referring to Figures 11 and 12, in the case of an MCS table optimized for maximizing the transmission rate, such as in the eMBB, it is possible to configure an MCS table based on higher order modulation. For example, in the case of an MCS table for reliability-critical data, such as in the URLLC, it is possible to configure an MCS table based on lower order modulation. That is, according to the target BLER values, as the target BLER is higher, it is possible to configure an MCS table having an MCS index based on a higher order modulation scheme such as 64QAM, 256QAM, or 1024QAM. As the target BLER is lower, it is possible to configure another MCS table having an MCS index based on a lower order modulation scheme such as QPSK or 16 QAM may be constructed. See paragraph 0165.)
Regarding claims 4, 11, and 18, the primary reference further teaches wherein the RRC configuration information further includes an indication of MCS table for uplink communication (Referring to Figures 11 and 12, a separate CQI table for CQI reporting of a UE for each target BLER, and ii) a separate MCS table for each target BLER. For example, in the case of an MCS table optimized for maximizing the transmission rate, such as in the eMBB, it is possible to configure an MCS table based on higher order modulation. For example, in the case of an MCS table for reliability-critical data, such as in the URLLC, it is possible to configure an MCS table based on lower order modulation. That is, according to the target BLER values, as the target BLER is higher, it is possible to configure an MCS table having an MCS index based on a higher order modulation scheme such as 64QAM, 256QAM, or 1024QAM. As the target BLER is lower, it is possible to configure another MCS table having an MCS index based on a lower order modulation scheme such as QPSK or 16 QAM may be constructed. Thereby, decoding higher layer signaling, RRC signaling, which includes an MCS table identification, with a first and second MCS table. See paragraphs 0164-0172.)
Regarding claims 5, 6, 12, 13, 19, and 20, the primary reference further teaches wherein the indication of the MCS table for uplink communication is included in a PUSCH/PDSCH configuration information element (Referring to Figures 11 and 12, a method of a base station is provided for transmitting control information on a physical uplink data channel (physical uplink shared channel). The method 1100 includes transmitting control information indicating a specific modulation and coding scheme (MCS) index corresponding to modulation and coding scheme (MCS) information to be applied to the physical uplink shared channel through a physical downlink control channel (S1110), and receiving the physical uplink shared channel modulated based on specific MCS information determined using the specific MCS index and one of two or more MCS tables containing modulation order information corresponding to the specific MCS index (S1120). These MCS tables may additionally include a target code rate corresponding to the specific MCS index, which is calculated by the target BLER described above and spectral efficiency. See paragraph 0198-0200. A base station may be defined to dynamically configure information for selecting an MCS table to be applied through scheduling DCI on the PDSCH or PUSCH and then signals to a corresponding UE. That is, in configuring a DL allocation DCI format or a UL grant DCI format for a UE, it may be defined to include an information area or an information field for selecting the MCS table. See paragraphs 0172-0174.)
Regarding claims 7 and 14, the primary reference further teaches wherein the MCS table has a highest modulation of 16 QAM table (Referring to Figures 11 and 12, As the target BLER is lower, it is possible to configure another MCS table having an MCS index based on a lower order modulation scheme such as QPSK or 16 QAM may be constructed. Thereby, decoding second higher layer signaling, RRC signaling, which includes an MCS table identification, with a first and second MCS table. See paragraphs 0164-0172.)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20, see above for claim groupings, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of U.S. Patent No. 11115098 B2 and claims 1-5 and 6 of U.S. Patent No. 12088382 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Application Claims
‘098 Patent
382’ Patent
1, 8, and 15. A user equipment (UE) baseband processor configured to cause a UE to: RRC configuration information comprising:a channel quality indicator (CQI) table indication identifying a CQI table from a plurality of CQI tables; and a modulation and coding scheme (MCS) table indication identifying an MCS table from one of a first MCS table and a second MCS table, wherein the first MCS table identifies respective higher target code rates than target code rates identified in the second MCS table; determine a CQI index from the CQI table, based on one of a 0.1 threshold and a 0.00001 threshold of a transport block error probability, as indicated by the CQI table indication; transmit an indication of the CQI index to the base station; and receive a downlink (DL) grant using the identified MCS table.
2, 9, and 16. The UE baseband processor of claim 1, wherein the second MCS table includes the following modulation order and target code rate for MCS index values of 0-3:
3, 10, and 17. The UE baseband processor of claim 1, wherein the CQI table is as follows:
4, 11, and 18. The UE baseband processor of claim 1, wherein the RRC configuration information further includes an indication of a MCS table for uplink communication.
5, 12, and 19. The UE baseband processor of claim 4, wherein the indication of the MCS table for uplink communication is included in a physical uplink shared channel configuration information element.
6, 13, and 20. The UE baseband processor of claim 1, wherein the MCS table indication is included in a physical downlink shared channel configuration information element.
7 and 14. The UE baseband processor of claim 1, wherein the MCS table has a highest modulation of 16QAM.
1. An apparatus, comprising: a processor configured to cause a user equipment (UE) to: decode first RRC configuration information received from a base station, the first RRC configuration information including a channel quality indicator (CQI) table indication identifying a CQI table; decode second RRC configuration information, the second RRC configuration information including a modulation coding scheme (MCS) table indication identifying an MCS table, the identified MCS table comprising one of a first MCS table and a second MCS table; encode channel state information (CSI), the CSI including a CQI index associated with the CQI table, the CQI index for MCS selection by the base station; decode downlink control information (DCI) received via a physical downlink control channel (PDCCH), the DCI providing a downlink (DL) grant for a physical downlink shared channel (PDSCH) reception and an MCS index to the MCS table; select a target code rate (TCR) using the identified MCS table based on the MCS index, wherein if the first MCS table is identified, a higher TCR is selected based on the MCS index than it the second MCS table is identified, wherein the second MCS table includes the following modulation order and target code rate for MCS index values of 0-5: and decode the PDSCH based on the DL grant and using modulation order and target code rate corresponding to the MCS index to the MCS table.
2. The apparatus of claim 1, wherein the processor is further configured to cause the UE to: determine the CQI index for reporting as part of the CSI based on the CQI table indication and a transport block error probability associated with the CQI table.
3. The apparatus of claim 2, wherein the processor is further configured to cause the UE to: determine the transport block error probability is 0.1 or 0.00001 and is determined based on the CQI table indication.
4. The apparatus of claim 1, wherein the CQI table is as follows:
See claim 1.
6. The apparatus of claim 1, wherein the processor is further configured to cause the UE to: decode a third RRC configuration information, the third RRC configuration information including an MCS table indication identifying an MCS table for uplink communications.
See claim 1.
See claim 1.
1. An apparatus, comprising: a processor configured to cause a user equipment (UE) to: receive radio resource control (RRC) configuration information from a base station, the RRC configuration information including: a channel quality indicator (CQI) table indication identifying a CQI table of a plurality of CQI tables; and an MCS table indication identifying an MCS table, the identified MCS table comprising one of a first MCS table and a second MCS table, wherein the first MCS table identifies respective higher target code rates for respective MCS indexes than corresponding respective target code rates for the respective MCS indexes according to the second MCS table; determine, based on a transport block error probability associated with the CQI table, a CQI index associated with the CQI table, the CQI index for MCS selection by the base station, wherein the transport block error probability is one of 0.1 or 0.00001 and is determined based on the CQI table indication; transmit, to the base station, an indication of the CQI index; and receive a downlink (DL) grant using the identified MCS table, wherein the second MCS table includes the following modulation order and target code rate for MCS index values of 0-3: TABLE-US-00001 MCS Index Modulation Order Target code Rate Spectral I.sub.MCS Q.sub.m R × [1024] efficiency 0 2 30 0.0586 1 2 40 0.0781 2 2 50 0.0977 3 2 64 0.1250.
See claim 1.
2. The apparatus of claim 1, wherein the CQI table is as follows:
3. The apparatus of claim 1, wherein the RRC configuration information further includes an indication of a MCS table for uplink communication.
4. The apparatus of claim 3, wherein the indication of the MCS table for uplink communication is included in a physical uplink shared channel configuration information element.
5. The apparatus of claim 1, wherein the MCS table indication is included in a physical downlink shared channel configuration information element.
7. The apparatus of claim 1, wherein the MCS table has a highest modulation of 16QAM.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HUANG et al. (US 2018/0132244 A1) - The apparatus may receive a configuration indication for a common uplink portion of a wireless communication structure. The apparatus may configure the common uplink portion based at least in part on the configuration indication. The apparatus may transmit a communication in the common uplink portion configured according to the configuration indication.
LIN et al. (US 2021/0400683 A1) - To transmit the user data from the host computer to the wireless device, a network node sends a first control message for assigning a PDSCH, the first control message comprising a first MCS indication as described. The network node sends to the wireless device a second control message for assigning a PDSCH, the second control message comprising a second MCS indication as described. The network node transmits the user data thereafter.
EINHAUS et al. (US 2024/0340211 A1) - In particular, a modulation and coding scheme to be used for transmission of a data is selected from a set of predetermined modulation and coding schemes. The predetermination of the set is performed by selecting the set from a plurality of predefined sets. The sets have the same size, so that a modulation and coding selection indicator signaled to select the modulation and coding scheme may be advantageously applied to any of the selected sets. Moreover, a second set includes schemes with a modulation not covered by the schemes of a first set, and which is of a higher order than any modulation in the first set.
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DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/ Primary Examiner, Art Unit 2462
Prosecution Insights