DETAILED ACTION
This Office action is a response to Preliminary Amendment made to an Application No. 18/843,850 filed on 09/04/2024 in which claims 1, 2, 4, 5, 7, 9, 10, 12, 14-16, 18, 20, 21, 23, 24, 28, and 29 are amended; and claims 6, 8, 11, 13, 19, 22, 25-27, and 30-33 are canceled.
Accordingly, claims 1-5, 7, 9, 10, 12, 14-18, 20, 21, 23, 24, 28, and 29 are currently pending for examination.
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 .
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 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.
Drawings
The Examiner contends that the drawings submitted on 09/04/2024 are acceptable for examination proceedings.
Information Disclosure Statement
The Examiner has considered the reference(s) listed on the Information Disclosure Statement submitted on 09/20/2024 and 05/21/2025.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 28 and 29 are objected to because of the following informalities:
Claims 28 and 29 recites the limitation “executable” in line 3 respectively. Language that suggests or makes optional or intended use/result (i.e., executable) but does not require step to be performed or does not limit the scope of the claim to a particular structure or does not limit the scope of a claim or claim limitation(s). Such clauses may render parts of the claim(s) optional (see MPEP 2106 and 2111.04).
Appropriate corrections are required.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 1-5, 7, 9, 10-12, 14-18, 20-21, 23-24, and 28-29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16, 19-20, and 23-24 of copending Application No. 18/846,492 (reference application). Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims in this instant application and co-pending application ‘492 disclose the similar features, therefore claims 1-5, 7, 9, 10-12, 14-18, 20-21, 23-24, and 28-29 in this instant application constitute obvious double patenting over said claims of ‘492.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The table below shows only Example (sample) of how each of the limitations/claims is/are similar features with co-pending application ‘492.
Instant Application No. 18/843,850
Co-pending Application No. 18/846,492
1. A method for estimating a channel, performed by a User Equipment (UE) and configured for downlink channel estimation, the method comprising:
determining configuration information, wherein the configuration information comprises at least one of a reference signal mode supported by a network device or reference signal configuration information of at least one reference signal corresponding to the reference signal mode supported by the network device;
sending a request message to the network device, wherein the request message is configured to request at least one of a reference signal mode or reference signal configuration information of at least one reference signal corresponding to the reference signal mode requested by the UE;
acquiring a designated reference signal sent by the network device; and
performing a corresponding operation based on the designated reference signal to perform channel estimation.
1. A channel estimation method, performed by a network device, comprising:
determining configuration information, wherein the configuration information comprises at least one of a reference signal mode supported by a user equipment (UE), or reference signal configuration information of at least one type of reference signal corresponding to the reference signal mode supported by the UE;
sending an indication message to the UE, wherein the indication message is used to indicate at least one of a reference signal mode, or reference signal configuration information of at least one type of reference signal corresponding to the reference signal mode indicated by the network device;
obtaining a reference signal sent by the UE; and
performing, based on the reference signal, an operation corresponding to the reference signal mode indicated by the network device to perform channel estimation.
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 1-5, 7, 9-10, 12, 14-18, 20-21, 23-24, and 28-29 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “the configuration information comprises at least one of a reference signal mode supported by a network [first optional limitation] or reference signal configuration information of at least one reference signal corresponding to the reference signal mode supported by the network device [second optional limitation]” in line 4-7 and also recites “the request message is configured to request at least one of a reference signal mode or reference signal configuration information of at least one reference signal corresponding to the reference signal mode requested by the UE” in line 8-11. It is unclear whether which optional limitation is actually performed since a reference signal mode seems to be included in both first and second optional limitation since the second optional limitation also satisfies the first optional limitation, thus, whether “a reference signal mode” is actually required is unclear and further limitations based thereon are also unclear. For the purpose of examination, Examiner will interpret as best understood.
Claims 15 and 28 are also rejected for the same reasoning as claim 1 set forth in above since both claims 15 and 18 recite the same optional limitations.
Claims 2-5, 7, 9-10, 12, 14, 16-18, 20-21, 23-24, and 29 are also rejected for the same reasoning as claim 1 set forth in above since they are dependent upon the rejected claims 1 and 15 respectively.
Appropriate corrections are required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 3, 5, 7, 9-10, 12, 14-16, 17, 20-21, 23-24, and 28-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee at al. (US 2021/0006989 A1) hereinafter “Lee”. The U.S. reference, Lee, was cited in IDS filed 05/21/2025.
Regarding claims 1 and 28, Lee discloses Claim 1 of a method for estimating a channel, performed by a User Equipment (UE) and configured for downlink channel estimation (see ¶ [0007], a terminal may perform channel estimation based on reference signals (RSs)), and Claim 28 of a communication device, comprising: a processor; and a memory storing a computer program executable by the processor (see FIG. 3; see ¶ [0075], a terminal may include a controller and a storage unit), the method comprising:
determining configuration information, wherein the configuration information comprises at least one of a reference signal mode supported by a network device or reference signal configuration information of at least one reference signal corresponding to the reference signal mode supported by the network device (see FIG. 4; see ¶ [0090], a terminal may determine whether a channel forecast value is valid, the channel forecast value being acquired by applying a learning algorithm to an input including channel values estimated based on first RSs received from a base station. More specifically, the terminal may receive first RSs from the base station, may estimate channel values based on the received first RSs, may acquire a channel forecast value by applying a learning algorithm to an input including the estimated channel values, and may determine whether the acquired channel forecast value is valid. At step 401, the input of the learning algorithm may include the estimated channel values, and an output of the learning algorithm with respect to the input of the learning algorithm may include the channel forecast value. Application of the learning algorithm may include application of weights of the learning algorithm);
sending a request message to the network device, wherein the request message is configured to request at least one of a reference signal mode or reference signal configuration information of at least one reference signal corresponding to the reference signal mode requested by the UE (see FIG. 4; see ¶ [0091], the terminal may transmit, to the base station, an RS request message for requesting an update of the learning algorithm, at step 403. In other words, based on the determination that the channel forecast value is invalid, the terminal may transmit, to the base station, the RS request message for requesting an update of the learning algorithm. The update of the learning algorithm may refer to learning of the learning algorithm, and the weights of the learning algorithm may include a determination and/or updating operation. The RS request message may be a message for requesting a change in an RS density and/or an RS transmission period. For example, the terminal may request, via the RS request message, the base station to increase the RS density and/or decrease the RS transmission period);
acquiring a designated reference signal sent by the network device (see FIG. 4; see ¶ [0092], the terminal may receive, from the base station, second RSs of the RS density determined based on the RS request message. The RS density at which the second RSs are transmitted may be determined to be the same as the RS density indicated by the RS request message, or may be determined as an RS density preconfigured according to the number of times the RS request message is transmitted); and
performing a corresponding operation based on the designated reference signal to perform channel estimation (see FIG. 4; see ¶ [0093], the terminal may update the learning algorithm based on channel values estimated from the second RSs. More specifically, the terminal may estimate channel values based on the second RSs, and may update the learning algorithm based on the estimated channel values).
Regarding claims 2 and 16, Lee discloses wherein the reference signal mode comprises at least one of:
a first reference signal mode, wherein a reference signal corresponding to the first reference signal mode is configured to train at least one of an Artificial Intelligent (AI) model or a Machine Learning (ML) model, and wherein the AI model is configured to implement the channel estimation based on the reference signal, and the ML model is configured to implement the channel estimation based on the reference signal; or
a second reference signal mode, wherein a function of a reference signal corresponding to the second reference signal mode comprises at least one of being configured to train the AI model, being configured to train the ML model, being configured to evaluate the AI model, being configured to evaluate the ML model, being configured to perform the channel estimation based on the AI model, or being configured to perform the channel estimation based on the ML model (see ¶ [0090], applying a learning algorithm to an input including the estimated channel values, and may determine whether the acquired channel forecast value is valid and the input of the learning algorithm may include the estimated channel values, and an output of the learning algorithm with respect to the input of the learning algorithm may include the channel forecast value. Application of the learning algorithm may include application of weights of the learning algorithm and see ¶ [0093], updating of the learning algorithm based on the estimated channel values may include, if the learning algorithm is applied to an input including channel estimation values).
Regarding claims 3 and 17, Lee discloses wherein the reference signal configuration information comprises at least one of: a reference signal pattern of the reference signal; or a reference signal sequence of the reference signal (see ¶ [0091], a change in an RS density and/or an RS transmission period).
Regarding claims 5 and 20, Lee discloses wherein the determining the configuration information comprises at least one of: determining the configuration information based on a protocol agreement (see ¶ [0090-91], the terminal may receive first RSs from the base station i.e., based on a protocol agreement).
Regarding claims 7 and 21, Lee discloses wherein the request message comprises at least one of: first indication information configured to indicate the reference signal mode requested by the UE (see ¶ [0090-91], the terminal may transmit, to the base station, an RS request message for requesting an update of the learning algorithm and of a change in an RS density and/or an RS transmission period).
Regarding claims 9 and 23, Lee discloses wherein designated reference signal configuration information of the designated reference signal is the same as reference signal configuration information requested by the UE (see ¶ [0092], the RS density at which the second RSs are transmitted may be determined to be the same as the RS density indicated by the RS request message, or may be determined as an RS density preconfigured).
Regarding claim 10, Lee discloses wherein the acquiring the designated reference signal sent by the network device comprises:
acquiring the designated reference signal configuration information corresponding to at least one of the designated reference signal or a designated reference signal mode corresponding to the designated reference signal sent by the network device; and acquiring the designated reference signal based on the designated reference signal configuration information or the reference signal configuration information requested by the UE (see ¶ [0092], the RS density at which the second RSs are transmitted may be determined to be the same as the RS density indicated by the RS request message, or may be determined as an RS density preconfigured).
Regarding claims 12 and 24, Lee discloses wherein designated reference signal configuration information of the designated reference signal is different from reference signal configuration information requested by the UE; and
wherein the acquiring the designated reference signal sent by the network device comprises:
acquiring the designated reference signal configuration information corresponding to at least one of the designated reference signal or a designated reference signal mode corresponding to the designated reference signal sent by the network device, wherein the designated reference signal mode is a reference signal mode supported by the UE, and the designated reference signal configuration information is reference signal configuration information supported by the UE; and acquiring the designated reference signal based on the designated reference signal configuration information (see ¶ [0092], the RS density at which the second RSs are transmitted may be determined to be the same as the RS density indicated by the RS request message, or may be determined as an RS density preconfigured).
Regarding claim 14, Lee discloses wherein the performing the corresponding operation based on the designated reference signal comprises:
when a reference signal mode corresponding to the designated reference signal is the first reference signal mode, the corresponding operation comprises at least one of: training, by the UE, the AI model based on the reference signal, or training, by the UE, the ML model based on the reference signal; and
when the reference signal mode corresponding to the designated reference signal is the second reference signal mode, the corresponding operation comprises at least one of: training, by the UE, the AI model based on the reference signal; training, by the UE, the ML model based on the reference signal (see ¶ [0090], applying a learning algorithm to an input including the estimated channel values, and may determine whether the acquired channel forecast value is valid and the input of the learning algorithm may include the estimated channel values, and an output of the learning algorithm with respect to the input of the learning algorithm may include the channel forecast value. Application of the learning algorithm may include application of weights of the learning algorithm and see ¶ [0048], A “learning algorithm” is a machine learning and/or artificial intelligence (AI)-based algorithm).
Regarding claim 15, Lee discloses a method for estimating a channel, performed by a network device and configured for downlink channel estimation (see ¶ [0007], a base station may receive the result of the channel estimation, and may perform link adaptation according to the received result), the method comprising:
sending configuration information to a User Equipment (UE), wherein the configuration information comprises at least one of a reference signal mode supported by a network device or reference signal configuration information of at least one reference signal corresponding to the reference signal mode supported by the network device (see FIG. 4; see ¶ [0090], a terminal may determine whether a channel forecast value is valid, the channel forecast value being acquired by applying a learning algorithm to an input including channel values estimated based on first RSs received from a base station. More specifically, the terminal may receive first RSs from the base station, may estimate channel values based on the received first RSs, may acquire a channel forecast value by applying a learning algorithm to an input including the estimated channel values, and may determine whether the acquired channel forecast value is valid. At step 401, the input of the learning algorithm may include the estimated channel values, and an output of the learning algorithm with respect to the input of the learning algorithm may include the channel forecast value. Application of the learning algorithm may include application of weights of the learning algorithm);
acquiring a request message sent by the UE, wherein the request message is configured to request at least one of a reference signal mode or reference signal configuration information of at least one reference signal corresponding to the reference signal mode requested by the UE (see FIG. 4; see ¶ [0091], the terminal may transmit, to the base station, an RS request message for requesting an update of the learning algorithm, at step 403. In other words, based on the determination that the channel forecast value is invalid, the terminal may transmit, to the base station, the RS request message for requesting an update of the learning algorithm. The update of the learning algorithm may refer to learning of the learning algorithm, and the weights of the learning algorithm may include a determination and/or updating operation. The RS request message may be a message for requesting a change in an RS density and/or an RS transmission period. For example, the terminal may request, via the RS request message, the base station to increase the RS density and/or decrease the RS transmission period); and
sending a designated reference signal to the UE based on the request message (see FIG. 4; see ¶ [0092], the terminal may receive, from the base station, second RSs of the RS density determined based on the RS request message. The RS density at which the second RSs are transmitted may be determined to be the same as the RS density indicated by the RS request message, or may be determined as an RS density preconfigured according to the number of times the RS request message is transmitted).
Regarding claim 29, Lee discloses a communication device, comprising: a processor; and a memory storing a computer program executable by the processor (see FIG. 2; see ¶ [0065], a base station may include a controller and a storage unit); wherein the processor is configured to perform the method according to claim 15 (see the rejection of claim 0115 set forth in above).
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 4 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of LEI (US 2023/0292369 A1) hereinafter “Lei”. The U.S. reference, Lei, was cited in IDS filed 05/21/2025.
Regarding claims 4 and 18, Lee does not explicitly disclose reporting capability information to the network device.
However, Lei discloses reporting capability information to the network device, wherein the capability information is configured to indicate whether a capability for the channel estimation based on at least one of AI or ML is supported by the UE (see FIG. 1; see ¶ [0022], the UE determines capability of supporting an AI network model, wherein the capability of supporting the AI network model includes whether to support using the AI network model for channel estimation); and
the capability information is configured to indicate at least one of: whether an AI-based channel estimation capability is supported by the UE (see FIG. 1; see ¶ [0023], the UE reports the capability of supporting the AI network model using an uplink resource in a random access procedure, or triggers reporting of the capability of supporting the AI network model in a connected state).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide reporting capability information to the network device as taught by Lei, in the system of Lee, so that it would provide a UE is capable of reporting capability of supporting an AI network model in a random access procedure, so that a base station can configure a demodulation reference signal for the UE based on the UE's capability of supporting the AI network model, thereby realizing optimal assignment of resources (Lei: see ¶ [0017]).
Conclusion
The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
TIAN et al. (US 2024/0022455 A1) teaches An artificial intelligence (AI)-based channel estimation method and apparatus are provided. The method includes the following. A first reference signal is obtained, where the first reference signal is used for channel estimation of a first channel. The first reference signal is processed with an AI-based estimation model, to obtain a channel-estimation result of the first channel (see Abstract).
TIAN (US 2024/0372751 A1) teaches A channel estimation method includes: obtaining first information, where the first information is information corresponding to a first reference signal pattern; performing conversion on the first information to obtain second information, where the second information is information corresponding to a second reference signal pattern, and the second information includes the first information; and outputting first estimation information using to a channel estimation model, with the second information as an input (see Abstract).
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER CHEN whose telephone number is (571)270-7241. The examiner can normally be reached Monday - Friday 8:00am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER CHEN/Primary Examiner, Art Unit 2462
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