DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “Network entity” in independent claim 42 and “User device” in claim 1 (and by dependency claims 3,5-6,9,12,19-20,27,31,35).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Note that neither of these are single means claims, as the claims do not recite only a “single” means but rather a series of stated functions that operate as separate means to achieve the functions of the user device and network entity.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 3, the phrase "like" (i.e. like an indication in a radio resource control, RRC, layer) renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Regarding claim 31, the phrase "e.g." (i.e. “e.g., a starting symbol for a transmission may be the same for all repetitions while a length value/vector may be different, or the one or more time allocation parameters apply fully only to the transmission occasions where the transmission is performed without DMRS muting”) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 31 recites the limitation “time allocation parameters" and “time-domain allocation parameters. There is insufficient antecedent basis for this limitation in the claim. Furtehrmore, these two statements lead to an additional 112(b) issue as it is not clear if these two terms refer to the same or a different parameter.
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 § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 5, 6, 9, 12, 19, 20, 21, 27, 31, 35, 42, 45, 47 and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam, et al. (US Pre Grant Publication No. 2019/0254020) in view of Salim, et al. (US Pre Grant Publication No. 2021/0367732 A1)
Regarding claims 1 and 45, Nam discloses a user device, UE, for a wireless communication system, wherein the UE is configured to and a method for operating a user device, UE, for a wireless communication system, the method comprising:
receive and/or transmit one or more physical channel transmissions, and wherein at least one of the physical channel transmissions is received or transmitted with a partial or full DeModulation Reference Signal, DMRS, muting (Nam discloses the use of DMRS subsampling/muting in which one or more symbols of the DMRS are replaced with data for transmission in PUSCH mini-slots, for example [paragraph 0054, 0089,0052]. Nam further discloses the use of DMRS subsampling/muting in which one or more symbols of the DMRS are replaced with data for transmission in PDSCH mini slots [0052, 0054].)
wherein the partially muted DMRS transmission is associated with a DMRS configuration for the physical channel, and wherein a proper subset of the resources that are associated with the DMRS are muted, and (The muted symbols are a part of the set of symbols assigned to the PDSCH/PUSCH DMRS and therefore fulfill the definition of a “proper subset” [paragraph 0054].)
wherein the said information other than the DMRS occupying a muted resource comprises one or more of the following: a part of a payload of the associated physical channel transmission any physical signal other than the DMRS. (Nam discloses the use of DMRS subsampling in which one or more symbols of the DMRS are replaced with data for transmission on the channel [i.e. any information or a payload associated with the physical channel] [paragraph 0054].)
Nam fails to explicitly disclose wherein the UE is configured to receive for at least one transmission occasion of the physical channel transmission an indication activating DMRS muting at a certain time instant for a certain duration. (i.e. Nam is mainly concerned with PRS transmission and does not give a great deal of detail about how the DMRS muting is configured). In the same field of endeavor, Salim discloses the UE is configured to receive for at least one transmission occasion of the physical channel transmission an indication activating DMRS muting at a certain time instant for a certain duration. (Salim discloses the use of various techniques to indicate when and how to apply DMRS subsampling to PUSCH mini-slots [paragraph 0029] including DCI indication in cellular applications and SCI in V2X/D2D scenarios [paragraph 0059] and further indicates that the DCI/SCI schedules the transmission in the slot [paragraph 0044-0049 – DCI/SCI includes SMRS – 0056-0059 – DMRS pattern applies to the time period of the UL grant; 0034 – muting/sub-sampling applies to one or more mini-slots [i.e. instant and duration]]. Salim also discloses semi-static configuration of DMRS sub-sampling via higher layers is possible as well, depending on how rapidly channel conditions are varying [paragraph 0056].)
Therefore, since Salim discloses DCI/SCI/semi-static scheduling of DMRS muting, it would have been obvious to a person of ordinary skill in the art before the effective fling date of the invention to combine the DCI/SCI scheduling of Salim with the system of Nam by indicating which of the PUSCH/PDSCH [or in the case of sidelink communication PSSCH] mini-slots of Nam are subject to DMRS muting in the manner taught in Nam using the SCI/DCI/semi-static indication of by further allowing D2D transmission via sidelink in Salim. The motive to combine is to allow dynamic variation of the DMRS muting when rapid changes are needed and to further use higher layer semi-static muting when rapid changes are not required to allow tailoring of overhead based on use case needs and to further also allow device-to device transmission from use without direct base station communication.
Regarding claim 3, Nam as modified by Salim discloses receive an indication of an absence of associated DMRS or a presence of partial or full DMRS muting during a certain physical channel transmission occasion from a network node of the wireless communication system via a physical, PHY, layer or via a media access control, MAC, layer, or via a higher layer, like an indication in a radio resource control, RRC, layer. (As discussed in the independent claim, sura, Nam as modified by Salim disclose the use of DCI/physical layer signaling or higher layer signaling to signal the muting/sub-sampling on the PUSCH [Physical uplink shared channel].)
Regarding claim 5, Nam as modified by Salim discloses the UE is configured to receive a downlink control information, DCI, that indicates an activation or a deactivation of DMRS muting for at least one physical channel at least one physical channel transmission occasion. (As discussed in the independent claim, supra, Nam as modified by Salim discloses the DCI may activate DMRS muting/sub-sampling for the PUSCH [Physical uplink shared channel] during at least one mini-slot/transmission occasion.)
Regarding claim 6, Nam as modified by Salim discloses the UE is configured to receive a downlink control information, DCI, that indicates an activation or a deactivation of DMRS muting for at least one physical channel at least one physical channel transmission occasion. (As discussed in the independent claim, supra Nam as modified by Salim discloses the DCI scheduling the PUSCH via UL grant may activate DMRS muting/sub-sampling for the PUSCH [Physical uplink shared channel] during at least one mini-slot/transmission occasion.)
Regarding claim 9, Nam as previously modified by Salim fails to disclose the UE is configured to receive a signaling that indicates an activation of DMRS muting for at least one repetition of a physical channel associated with the same transport block. Salim further discloses the UE is configured to receive a signaling that indicates an activation of DMRS muting for at least one repetition of a physical channel associated with the same transport block. (Salim discloses that the DCI scheduling PUSCH transmission may schedule one or more repetitions in a transport block [paragraph 0032] of the mini-slot with the same level of sub-sampling [i.e. a uniform sub-sampling pattern [paragraphs 0035-0036, 0044] or with a single unmuted DMRS in the first transmission and total muting in the subsequent retransmissions [paragraphs 0024, 0044].)
Therefore, since Salim further discloses DCI indication of repetition muting, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the DCI repetition indications of Salim with the system of Nam as previously modified by Salim by having the DCI further indicate the muting type of additional mini-slots in the transport block as total or sub-sampled. The motive to combine is to allow the system to vary the muting of the repetitions to save on overhead while still maintaining decodability depending on channel conditions.
Regarding claim 12, Nam as previously modified by Salim discloses the UE is configured to receive a signaling that indicates an activation or a deactivation of DMRS muting for at least one physical channel at least one physical channel transmission occasion. Nam as previously modified by Salim fails to explicitly disclose the signaling is associated with a DMRS muting pattern, the DMRS muting pattern indicating DMRS muting in the time-domain for at least one physical channel transmission occasion or DMRS muting in the frequency-domain for a set of subcarriers associated with resource elements configured for a DMRS transmission.
In the same field of endeavor, Salim further discloses the DMRS muting pattern indicating DMRS muting in the time-domain for at least one physical channel transmission occasion or DMRS muting in the frequency-domain for a set of subcarriers associated with resource elements configured for a DMRS transmission. (Salim discloses DMRS patterns such as unmuted [fig. 4A] and 50% muted [figs. 4B, 5B note that frequency is vertical axis and time is horizontal], as the muting occurs only on allocated DMRS, it forms a “proper subset”[ compare 4A [full allocation] to 4B and 4C, in each case it is seen that the sub-sampling only operates on the previously allocated sample and does not relate to any samples not in the full set of fig. 4A [paragraphs, 0023-0027, 0031].)
Therefore, since Salim further discloses frequency muting patterns, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the frequency muting of Salim with the system of Nam as previously modified by Salim by indicating one or more frequency muting patterns to use for the PUSCH transmission in the DCI scheduling/granting the transmission. The motive to combine is to allow a very fine and granular reduction in the DMRS by splitting a single symbol across the frequency domain.
Regarding claim 19, Nam as previously modified by Salim discloses the UE is configured to receive a signaling that indicates an activation or a deactivation of DMRS muting for at least one physical channel at least one physical channel transmission occasion. Nam as previously modified by Salim fails to explicitly disclose the UE is configured to receive or transmit a physical channel that is associated with a DMRS configuration, and in case of partial DMRS muting, for realizing the partial DMRS muting in the frequency-domain, the UE is configured to receive, from a network entity of the wireless communication system, an indication of a proper subset of resource elements associated with the DMRS configuration that are to be muted.
In the same field of endeavor, Salim further discloses the DMRS muting pattern indicating DMRS muting in the time-domain for at least one physical channel transmission occasion or DMRS muting in the frequency-domain for a set of subcarriers associated with resource elements configured for a DMRS transmission. (Salim discloses DCI signaled DMRS patterns such as unmuted [fig. 4A] and 50% muted [figs. 4B, 5B note that frequency is vertical axis and time is horizontal], as the muting occurs only on allocated DMRS, it forms a “proper subset”[ compare 4A [full allocation] to 4B and 4C, in each case it is seen that the sub-sampling only operates on the previously allocated sample and does not relate to any samples not in the full set of fig. 4A [paragraphs, 0023-0027, 0031].)
Therefore, since Salim further discloses frequency muting patterns, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the frequency muting of Salim with the system of Nam as previously modified by Salim by indicating one or more frequency muting patterns that are proper subsets of the full 50% DMRS pattern to use for the PUSCH transmission in the DCI scheduling/granting the transmission. The motive to combine is to allow a very fine and granular reduction in the DMRS by splitting a single symbol across the frequency domain.
Regarding claim 20, Nam as previously modified by Salim discloses the UE is configured to receive or transmit a physical channel with an absence of associated DMRS or a presence of partial or full DMRS muting, and receive a scheduling of the physical channel. (See the discussion in the independent claim, supra, DCI indicates scheduling and muting of PUSCH DMRS transmission).
Nam as previously modified by Salim fails to explicitly disclose receiving a scheduling of the physical channel that indicates the DMRS ports that are associated with the physical channel. In the same field of endeavor, Salim further discloses receiving a scheduling of the physical channel that indicates the DMRS ports that are associated with the physical channel. (Salim discloses that the physical port indicator of the DCI may be optionally overloaded with the sub-sampling indication, thereby indicating that in embodiments where the overloading does not occur and other signaling used for sub-sampling, that the DCI contains an indication of the port used [paragraph 0049]).
Therefore, since Salim discloses DCI port indicators, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the port indicators of Salim with the system of Nam as previously modified by Salim by indicating the applied port in the DCI. The motive to combine is to allow the UE to determine the port settings used by the PUSCH transmission so that the PUSCH is transmitted using the port configured by the base station for successful transmission.
Regarding claim 21, Nam as previously modified by Salim fails to disclose for receiving the physical channel, the UE is configured to obtain a channel information from an earlier physical channel transmission performed without DMRS muting. In the same field of endeavor, Salim further discloses for receiving the physical channel, the UE is configured to obtain a channel information from an earlier physical channel transmission performed without DMRS muting. (Switching to the sidelink application [paragraph 0059] Salim discloses that in the total muting for repetition scenario, the UE receives (from another UE) the first transmission with the unmuted DMRS and then all subsequent repetitions are based on the physical channel information obtained from the earlier transmitted DMRS [Salim discloses that the SCI scheduling PUSCH transmission may schedule one or more repetitions in a transport block [paragraph 0032] of the mini-slot with the same level of sub-sampling [i.e. a uniform sub-sampling pattern [paragraphs 0035-0036, 0044] or with a single unmuted DMRS in the first transmission and total muting in the subsequent retransmissions with all subsequent retransmissions relying on the initial channel information determined from the original DMRS transmission [paragraphs 0024, 0044].)
Therefore, since Salim discloses total muting for repetitions, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the total muting of Salim with the system of Nam as previously modified by Salim by using total repetition muting, as indicated in the SCI, such that the initial transmission is unmuted and a channel information is obtained based on the transmitted DMRS which is then re-used in the subsequent totally muted DMRS repetitions. The motive to combine is to reduce overhead by only providing the DMRS once while further reducing latency be allowing the DMRS to be decoded after the first mini-slot/original transmission vs systems using the partial muting in which the DMRS is spread across multiple mini-slots leading to decoding delay.
Regarding claim 27, Nam as previously modified by Salim fails to disclose the UE is indicated by a network node to receive or transmit a physical channel in at least one transmission occasion with an absence of associated DMRS or a presence of partial or full DMRS muting, the UE is configured to receive or transmit said at least one transmission occasion of said physical channel without DMRS muting in a specific occasion. In the same field of endeavor, another portion of Salim discloses the UE is indicated by a network node to receive or transmit a physical channel in at least one transmission occasion with an absence of associated DMRS or a presence of partial or full DMRS muting, the UE is configured to receive or transmit said at least one transmission occasion of said physical channel without DMRS muting in a specific occasion (Salim discloses that in the total muting for repetition scenario, the UE receives the first transmission with the unmuted DMRS and then all subsequent repetitions are based on the physical channel information obtained from the earlier transmitted DMRS [Salim discloses that the DCI scheduling PUSCH transmission may schedule one or more repetitions in a transport block [paragraph 0032] of the mini-slot with the same level of sub-sampling [i.e. a uniform sub-sampling pattern [paragraphs 0035-0036, 0044] or with a single unmuted DMRS in the first transmission and total muting in the subsequent retransmissions with all subsequent retransmissions relying on the initial channel information determined from the original DMRS transmission [paragraphs 0024, 0044].)
Therefore, since Salim discloses total muting for repetitions, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the total muting of Salim with the system of Nam as previously modified by Salim by using total repetition muting, as indicated in the DCI, such that the initial transmission is unmuted and a channel information is obtained based on the transmitted DMRS which is then re-used in the subsequent totally muted DMRS repetitions. The motive to combine is to reduce overhead by only providing the DMRS once while further reducing latency be allowing the DMRS to be decoded after the first mini-slot/original transmission vs systems using the partial muting in which the DMRS is spread across multiple mini-slots leading to decoding delay.
Regarding claim 31, Nam as modified by Salim discloses if the scheduling of the physical channel with repetition begins in a transmission occasion without DMRS muting, the one or more time allocation parameters apply fully only to the transmission occasions wherein the transmission is performed without DMRS muting wherein none of the one or more time-domain allocation parameters apply to the transmission occasions where the transmission is performed with an absence of associated DMRS or a presence of partial or full DMRS muting. (The combination is the same as presented in 27, supra- the initial PUSCH transmission in a total muting repetition scheme includes the entire unmuted DMRS [i.e. is a transmission occasion without DMRS muting]. Furthermore in the subsequent repetitions the DMRS are totally muted and therefore the time allocation parameters are “none” of the one or more time-domain allocations in the transmission with an absence/full muting of the DMRS.)
Regarding claim 35, Nam as previously modified by Salem discloses the current physical channel comprising PDSCH. (See the PDSCH embodiment of the independent claim, supra).
Nam as previously modified by Salem fails to disclose the UE is configured to obtain, for a first transmission occasion of a physical channel with an absence of associated DMRS or full DMRS muting, channel information from a second transmission occasion of a physical channel previous to the first one, wherein the first transmission occasion is a current physical channel transmission, and the second transmission occasion is a reference physical channel transmission, the current and reference physical channel comprising a PDSCH and wherein the UE uses the channel information from the reference physical channel transmission for the current physical channel transmission (Salim discloses with a single unmuted DMRS in the first transmission and total muting in the subsequent retransmissions with all subsequent retransmissions relying on the initial channel information determined from the original DMRS transmission [paragraphs 0024, 0044].)
Therefore, since Salim discloses total muting for repetitions, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine the total muting of Salim with the system of Nam as previously modified by Salim by using total repetition muting, as indicated in the DCI, for the PDSCH based DMRS muting transmissions of Nam such that the initial transmission is unmuted and a channel information is obtained at the UE based on the transmitted DMRS which is then re-used in the subsequent totally muted DMRS repetitions. The motive to combine is to reduce overhead by only providing the DMRS once while further reducing latency by allowing the DMRS to be decoded after the first mini-slot/original transmission vs systems using the partial muting in which the DMRS is spread across multiple mini-slots leading to decoding delay and to further allow the technique to be applied on the downlink so that the downlink may also benefit from muting efficiency gains.
Regarding claims 42 and 47, Nam discloses a network entity for a wireless communication system, the wireless communication system comprising one or more user devices, UEs, wherein the network entity is configured to and a method for operating a network entity for a wireless communication system, the wireless communication system comprising one or more user devices, UEs, the method comprising:
receive and/or transmit one or more physical channel transmissions, and wherein at least one of the physical channel transmissions is received or transmitted with a partial or full DeModulation Reference Signal, DMRS, muting (Nam discloses the use of DMRS subsampling/muting in which one or more symbols of the DMRS are replaced with data for transmission in PUSCH mini-slots, for example [paragraph 0054, 0089,0052]. Nam further discloses the use of DMRS subsampling/muting in which one or more symbols of the DMRS are replaced with data for transmission in PDSCH mini slots [0052, 0054].)
wherein the partially muted DMRS transmission is associated with a DMRS configuration for the physical channel, and wherein a proper subset of the resources that are associated with the DMRS are muted, and (The muted symbols are a part of the set of symbols assigned to the PDSCH/PUSCH DMRS and therefore fulfill the definition of a “proper subset” [paragraph 0054].)
wherein the said information other than the DMRS occupying a muted resource comprises one or more of the following: a part of a payload of the associated physical channel transmission any physical signal other than the DMRS. (Nam discloses the use of DMRS subsampling in which one or more symbols of the DMRS are replaced with data for transmission on the channel [i.e. any information or a payload associated with the physical channel] [paragraph 0054].)
Nam fails to explicitly disclose wherein the network device is configured to transmit for at least one transmission occasion of the physical channel transmission an indication activating DMRS muting at a certain time instant for a certain duration. (i.e. Nam is mainly concerned with PRS transmission and does not give a great deal of detail about how the DMRS muting is configured). In the same field of endeavor, Salim discloses the network device is configured to transmit for at least one transmission occasion of the physical channel transmission an indication activating DMRS muting at a certain time instant for a certain duration. (Salim discloses the use of various techniques to indicate when and how to apply DMRS subsampling to PUSCH mini-slots [paragraph 0029] including DCI indication in cellular applications and SCI in V2X/D2D scenarios [paragraph 0059] and further indicates that the DCI/SCI schedules the transmission in the slot [paragraph 0044-0049 – DCI/SCI includes SMRS – 0056-0059 – DMRS pattern applies to the time period of the UL grant; 0034 – muting/sub-sampling applies to one or more mini-slots [i.e. instant and duration]]. Salim also discloses semi-static configuration of DMRS sub-sampling via higher layers is possible as well, depending on how rapidly channel conditions are varying [paragraph 0056].)
Therefore, since Salim discloses DCI/SCI/semi-static scheduling of DMRS muting, it would have been obvious to a person of ordinary skill in the art before the effective fling date of the invention to combine the DCI/SCI scheduling of Salim with the system of Nam by indicating which of the PUSCH/PDSCH [or in the case of sidelink communication PSSCH] mini-slots of Nam are subject to DMRS muting in the manner taught in Nam using the SCI/DCI/semi-static indication of by further allowing D2D transmission via sidelink in Salim. The motive to combine is to allow dynamic variation of the DMRS muting when rapid changes are needed and to further use higher layer semi-static muting when rapid changes are not required to allow tailoring of overhead based on use case needs and to further also allow device-to device transmission from use without direct base station communication.
Regarding claim 49, Nam discloses s non-transitory computer program product comprising a computer readable medium storing instructions which, when executed on a computer, perform the method of claim 45 or 47 (paragraph 0102)
Allowable Subject Matter
Claims 32 and 33 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.
Regarding claim 32, the prior art of Nam and Salim fail to disclose any calculations related to the total number of physical resources, let alone ones that recites the claimed DM-RS CDM groups without data
PNG
media_image1.png
239
536
media_image1.png
Greyscale
Regarding claim 33, similar deficiencies to those of claim 32 arise, therefore the prior art fails to teach suggest or disclose
PNG
media_image2.png
330
551
media_image2.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
R1-2112038 (Author Unknown, Remaining Issues for PUCCH Dynamic Repetition and DMRS, pages 1-14, 19 November 2021) – disclosing DMRS bundling with repetition.
Bharmi, et al. (US Pre Grant Publication No. 2021/0153207) – disclosing DMRS muting/removal
HUNUKUMBURE, et al. (US Pre Grant Publication No. 2021/0014021) – disclosing DMRS muting
Lee, et al. (US Pre Grant Publication No. 2020/0022188) – disclosing SMRS muting with data replacement
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M CRUTCHFIELD whose telephone number is (571)270-3989. The examiner can normally be reached 9am-5pm M-F.
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, Faruk Hamza can be reached at (571) 272-7969. 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.
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
Prosecution Insights