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 .
DETAILED ACTION
This office action is in response to the application filed on 08/15/2024.
Claims 1-40 are currently pending.
Claims 1-40 are rejected.
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.
Claims 1-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a field indicating, based on the field” and “a value of at least three different configured values”. It is not clear to the Examiner how “a field [is] based on the field” and “a value [can have] three different values”. Thus, the scope of the subject-matter for which protection is sought is not clearly defined, contrary to the requirements of 35 U.S.C. 112.
A similar problem exists in independent claims 11, 21 and 31.
Claims 2-10, 12-20, 22-30 and 32-40 are also rejected for depending from rejected base claims.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7, 9-17, 19-20 of Patent No. US 12107683 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because Claims 1 & 11 of the instant application merely broaden the scope of claims 1 & 12 of Patent No. US 12107683 B2 by omitting limitations, such as to use for one or more repetitions of a transport block; a first value of the field indicates using a first SRS resource set of the plurality of SRS resource sets; a second value of the field indicates using a second SRS resource set of the plurality of SRS resource sets; and a third value of the field indicates using the first SRS resource set and the second SRS resource set.
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA), also note Exparte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in Patent No. US 12107683 B2.
Claim # in Instant Application
( 18806273)
Claim # in Patent No. US 12107683 B2
[Claim 1] (New) A method comprising: receiving, by a wireless device, downlink control information (DCI) comprising: one or more sounding reference signal (SRS) resource indicator (SRI) fields; and
a field indicating, based on the field comprising a value of at least three different configured values of the field, which one or more SRS resource sets, of a plurality of SRS resource sets, to use for one or more uplink transmissions; and
transmitting, based on the value of the field, at least one transport block.
NOTE: Examiner has mapped the claimed “ a field … comprising a value of at least three different configured values of the field” to the reference patent’s “ a first value, a second value, and a third value”.
A method comprising:
receiving, by a wireless device, downlink control information (DCI) comprising one or more sounding reference signal (SRS) resource indicator (SRI) fields and
a field indicating which one or more SRS resource sets, of a plurality of SRS resource sets, to use for one or more repetitions of a transport block, wherein: a first value of the field indicates using a first SRS resource set of the plurality of SRS resource sets; a second value of the field indicates using a second SRS resource set of the plurality of SRS resource sets; and a third value of the field indicates using the first SRS resource set and the second SRS resource set; and
transmitting, via a plurality of time resources and based on the field, at least one transport block associated with the one or more repetitions of the transport block.
2
2
3
3+5
4
4
5
7
6
9
7
1
9
10
10
11
11
12
12
15
15
16
16
17
17
13+14
19
19
20
20
Claims 8, 13-14, 18 are rejected for depending from rejected base claims.
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.
Claims 1-4, 6-14, 16-24, 26-34, 36-40 are rejected under 35 U.S.C. 103 as being unpatentable Mostafa Khoshnevisan et al (US 20070149206 A1) in view of Kexin Xiao et al (US 20230370229 A1).
For Claim 1, Khoshnevisan discloses a method (Khoshnevisan teaches that FIG. 11, illustrates example operations 1100 for wireless communication. The operations 1100 may be performed, for example, by a UE) comprising:
receiving, by a wireless device, downlink control information (DCI) comprising: one or more sounding reference signal (SRS) resource indicator (SRI) fields; and a field indicating, based on the field comprising a value of at least three different configured values of the field (Khoshnevisan teaches, in FIG. 11, steps 1120, that the UE receives a first DCI that schedules a first PUSCH and indicates a first SRI value), which one or more SRS resource sets, of a plurality of SRS resource sets, to use for one or more uplink transmissions (Khoshnevisan teaches, in ¶ 0020, that At 1140, the UE determines SRS resources indicated by the first and second SRI values based on an association between CORESET pool index values and the first and second SRS resource sets); and transmitting, based on the value of the field, at least one transport block (Khoshnevisan teaches, in FIG. 11, steps 1150, that the UE transmits the first PUSCH with a first set of transmission parameters (used for transmitting the SRS resources) indicated by the first SRI value, in accordance with the determination).
Khoshnevisan also teaches, in ¶ 0091, that “the size of the first SRI field may be two bits (having SRI codepoints 0, 1, 2, 3), and the size of the second SRI field may be one bit (having SRI codepoints 0, 1)”.
Khoshnevisan fails to expressly disclose a field comprising a value of at least three different configured values of the field.
However, Xiao, in the analogous art, discloses a field comprising a value of at least three different configured values of the field (Xiao teaches, in ¶ 0123, that The UE 115 may use one SRS resource for codebook usage based on a three bit indicator (e.g., an SRI of 000 through an SRI of 111). For example, the control message may be a DCI message with an SRI field, where the SRI field having a value of 000 indicates SRS Resource 0, the SRI field having a value of 001 indicates SRS Resource 1, etc).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Khoshnevisan with the three bit indicator taught in Xiao. The motivation is for the UE to receiving, based on the capability message, the SRS configuration that indicates a set of multiple resource sets[Xiao: ¶ 0017].
For Claim 2, Khoshnevisan discloses a method, further comprising receiving one or more configuration parameters indicating the plurality of SRS resource sets, wherein the plurality of SRS resource sets comprises: a first SRS resource set; and a second SRS resource set (Khoshnevisan teaches, in ¶ 0067, that The operations 1100 begin, at 1110, by receiving from a network entity signaling configuring the UE with at least first and second SRS resource sets).
For Claim 3, Khoshnevisan discloses a method, wherein: a first SRS resource set, of the plurality of SRS resource sets, comprises a first plurality of SRS resources, and wherein the one or more SRI fields comprises a first SRI field indicating a first SRS resource of the first plurality of SRS resources (Khoshnevisan teaches, in ¶ 0068, that At 1120, the UE receives a first DCI that schedules a first PUSCH and indicates a first SRI value); and a second SRS resource set, of the plurality of SRS resource sets, comprises a second plurality of SRS resources, and wherein the one or more SRI fields comprises a second SRI field indicating a second SRS resource of the second plurality of SRS resources (Khoshnevisan teaches, in ¶ 0087, that a size of a first SRI field in the first DCI is based on the first number of SRS resources and a second SRI field in the second DCI is based on the second number of SRS resources. For example, when two SRS resource sets associated with two CORESET pool index values may have a same number of SRS resources (e.g., N.sub.SRS.sup.0=N.sub.SRS.sup.1), the number of bits for the SRI field in each DCI is determined based on this number).
For Claim 4, Khoshnevisan discloses a method, wherein the transmitting the at least one transport block comprises one or more repetitions, of the transmitting the at least one transport block, based on at least one SRS resource, of a resource set of the plurality of SRS resource sets, associated with the value (Khoshnevisan teaches, in ¶ 0057, that two sets of PUSCH repetitions may correspond to two SRS resource sets. In addition, the DCI indicates two beams/two sets of PC parameters using two corresponding SRS resource indicator (SRI) fields for both codebook (CB)-based and non CB (NCB)-based systems).
For Claim 6, Khoshnevisan discloses a method, wherein: the field comprises a 2-bit field (Khoshnevisan teaches, in ¶ 0091, that the size of the first SRI field may be two bits (having SRI codepoints 0, 1, 2, 3), and the size of the second SRI field may be one bit (having SRI codepoints 0, 1)).
Khoshnevisan fails to expressly disclose a first value of the 2-bit field indicates using a first SRS resource set of the plurality of SRS resource sets; a second value of 2-bit field indicates using a second SRS resource set of the plurality of SRS resource sets; and a third value of 2-bit field indicates using the first SRS resource set and the second SRS resource set.
However, Xiao, in the analogous art, discloses a first value of the 2-bit field indicates using a first SRS resource set of the plurality of SRS resource sets; a second value of 2-bit field indicates using a second SRS resource set of the plurality of SRS resource sets (Xiao teaches, in ¶ 0117, that an SRI value of 0 may indicate SRS Resource 0 in the indicated resource set, such as Resource Set 0, while an SRI value of 1 may indicate SRS Resource 1 in the indicated resource set); and a third value of 2-bit field indicates using the first SRS resource set and the second SRS resource set (Xiao teaches, in ¶ 0117, that a base station 105 may transmit an SRS configuration indicating one or more resource sets (e.g., Resource Set 0, Resource Set 1, or both). Xiao further teaches, in ¶ 0118, that The SRI 510 may be any number of bits with a value of 0 indicating to the UE to use the first SRS resource within the default resource set (e.g., SRS resource 0) and a bit value greater than 0 indicating the SRS resource within the set (e.g., SRS resource 1 through SRS resource 3)).
Xiao further teaches, in ¶ 0103, that When performing codebook-based SRS communications, UE 115-a may be configured for transmission of at least one multi-port SRS, where a 1-bit or 2-bit SRS resource indicator (SRI) indicates on the configured SRS.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Khoshnevisan with the three bit indicator taught in Xiao. The motivation is for the UE to receiving, based on the capability message, the SRS configuration that indicates a set of multiple resource sets[Xiao: ¶ 0017].
For Claim 7, Khoshnevisan disclose all of the claimed subject matter with the exception that a first value of the at least three different configured values of the field is associated with a first SRS resource set of the plurality of SRS resource sets; a second value of the at least three different configured values of the field is associated with a second SRS resource set of the plurality of SRS resource sets; and a third value of the at least three different configured values of the field is associated with the first SRS resource set and the second SRS resource set.
However, Xiao, in the analogous art, discloses that a first value of the at least three different configured values of the field is associated with a first SRS resource set of the plurality of SRS resource sets; a second value of the at least three different configured values of the field is associated with a second SRS resource set of the plurality of SRS resource sets (Xiao teaches, in ¶ 0123, that The UE 115 may use one SRS resource for codebook usage based on a three bit indicator (e.g., an SRI of 000 through an SRI of 111). For example, the control message may be a DCI message with an SRI field, where the SRI field having a value of 000 indicates SRS Resource 0, the SRI field having a value of 001 indicates SRS Resource 1, etc.); and a third value of the at least three different configured values of the field is associated with the first SRS resource set and the second SRS resource set (Xiao teaches, in ¶ 0123, that The UE 115 may use one SRS resource for codebook usage based on a three bit indicator (e.g., an SRI of 000 through an SRI of 111). Xiao further teaches, in ¶ 0117, that a base station 105 may transmit an SRS configuration indicating one or more resource sets (e.g., Resource Set 0, Resource Set 1, or both).
Xiao further teaches, in ¶ 0118, that The SRI 510 may be any number of bits with a value of 0 indicating to the UE to use the first SRS resource within the default resource set (e.g., SRS resource 0) and a bit value greater than 0 indicating the SRS resource within the set (e.g., SRS resource 1 through SRS resource 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Khoshnevisan with the three bit indicator taught in Xiao. The motivation is for the UE to receiving, based on the capability message, the SRS configuration that indicates a set of multiple resource sets[Xiao: ¶ 0017].
For Claim 8, Khoshnevisan discloses a method, wherein the transmitting the at least one transport block comprises transmitting, via a plurality of time resources, the at least one transport block, wherein the plurality of time resources is associated with at least one SRS resource set of the plurality of SRS resource sets, and wherein the at least one SRS resource set is associated with the value of the field (Khoshnevisan teaches, in ¶ 0061, that the PUSCHs may be time division multiplexed (TDMed) in a given component carrier (CC)/serving cell (e.g., even across different TRPs/CORESET pool index values). ¶ 0062 that simultaneous PUSCH transmission (e.g., two PUSCHs that are at least partially overlapping in a time domain) in one CC is possible).
For Claim 9, Khoshnevisan discloses a method, further comprising: receiving a radio resource control (RRC) message comprising at least one configuration parameter, wherein the at least one configuration parameter indicates: at least one parameter of a first SRS resource set of the plurality of SRS resource sets; and at least one parameter of a second SRS resource set of the plurality of SRS resource sets (Khoshnevisan teaches, in ¶ 0052, that the BS configures the UE with the selected SRS resource via an SRI. For a dynamic grant, the SRI may be configured via DCI format 0_1. For a configured grant, the SRI may be configured via RRC or DCI. Khoshnevisan teaches, in ¶ 0067, that The operations 1100 begin, at 1110, by receiving from a network entity signaling configuring the UE with at least first and second SRS resource sets).
For Claim 10, Khoshnevisan discloses a method, further comprising: receiving a radio resource control (RRC) message indicating an SRS resource set (Khoshnevisan teaches, in ¶ 0052, that the BS configures the UE with the selected SRS resource via an SRI. For a dynamic grant, the SRI may be configured via DCI format 0_1. For a configured grant, the SRI may be configured via RRC or DCI), of the plurality of SRS resource sets, that is associated with a configured grant for uplink transmission, wherein the transmitting the at least one transport block comprises transmitting, based on the SRS resource set that is associated with the configured grant for uplink transmission, the at least one transport block via an uplink resource associated with the configured grant for uplink transmission (Khoshnevisan teaches, in FIG. 11, steps 1150, that the UE transmits the first PUSCH with a first set of transmission parameters (used for transmitting the SRS resources) indicated by the first SRI value, in accordance with the determination).
For Claims 11-14, 21-24, 31-34, please refer to the rejection of Claims 1-4, above.
For Claim 16-20, 26-30, 36-40, please refer to the rejection of Claims 6-10, above.
Claims 5, 15, 25, 35 are rejected under 35 U.S.C. 103 as being unpatentable over Mostafa Khoshnevisan et al (US 20070149206 A1) in view of Kexin Xiao et al (US 20230370229 A1) as applied to claim 1, 11, 21, or 31 above, and further in view of Wei Ling et al (US 20230370219 A1).
For Claims 5, 15, 25, 35, Khoshnevisan and Xiao disclose all of the claimed subject matter with the exception of wherein each SRS resource set, of the plurality of SRS resource sets, comprises a single SRS resource.
However, Ling, in the analogous art, discloses wherein each SRS resource set, of the plurality of SRS resource sets, comprises a single SRS resource (Ling teaches, in ¶ 004, that the UE may be configured with a single SRS resource set composed of one or multiple SRS resources with usage set to ‘codebook’. Only one SRS resource is indicated from within the single SRS resource set based on a SRI field in the DCI scheduling the codebook based PUSCH transmission).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Khoshnevisan and Xiao with the association taught in Ling. The motivation is to make UE interpret the SRI field correctly [Ling: ¶ 0047].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ZHANG et al (US 20200204406 A1) teaches a User Equipment (UE) that comprises a first circuitry and a second circuitry. The first circuitry may be operable to process a message carrying an indicator to indicate a selection of a Sounding Reference Signal (SRS) resource set, wherein the message is received from a gNB. The second circuitry may be operable to generate an SRS transmission, based on the indicator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A KAMARA whose telephone number is (571)2705629. The examiner can normally be reached M-F 9AM-4PM.
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, CHARLES JIANG can be reached at (571)2707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A KAMARA/Primary Examiner, Art Unit 2412
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