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 .
Claims 1-18, 20, and 22 have been examined.
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 1-18, 20 and 22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In reference to claims 1-18
Claim 1 recites “determining, according to a port association rule, a default association relationship between an uplink phase tracking reference signal (PTRS) port and an uplink demodulation reference signal (DMRS) port”. The limitation of determining, according to a port association rule, a default association relationship between an uplink PTRS port and an uplink DMRS port, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. This judicial exception is not integrated into a practical application and nothing in the claim precludes the “determining” step from practically being performed in the mind. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Similarly, dependent claims 2-18, as drafted, under their broadest reasonable interpretation, cover performance of the process in the mind. Likewise, the judicial exception is not integrated into a practical application and nothing in the claims precludes the process from practically being performed in the mind. The claims 2-18 do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Consequently, claims 1-18 are not patent eligible.
In reference to claim 20
Claim 20 recites “determining, according to a port association rule, a default association relationship between an uplink phase tracking reference signal (PTRS) port and an uplink demodulation reference signal (DMRS) port”. The limitation of determining, according to a port association rule, a default association relationship between an uplink PTRS port and an uplink DMRS port, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “the processor” nothing in the claim element precludes the step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional elements of a transceiver and a processor wherein the processor is configured to perform the determining. The processor in the step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements (e.g. transceiver, processor) that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform both the determining steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer
component cannot provide an inventive concept. The claim is not patent eligible.
In reference to claim 22
Claim 22 recites “determining, according to a port association rule, a default association relationship between an uplink phase tracking reference signal (PTRS) port and an uplink demodulation reference signal (DMRS) port”. The limitation of determining, according to a port association rule, a default association relationship between an uplink PTRS port and an uplink DMRS port, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of a generic computer component. That is, other than reciting “the non-transitory computer program product” and “processor” nothing in the claim element precludes the “determining” step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application and nothing in the claim precludes the “determining” step from practically being performed in the mind. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional elements of the non-transitory computer program product and processor wherein the processor performs the determining. The processor in the step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform both the determining steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
US 12388594 pertains to Phase Tracking Reference Signal (PTRS) to Demodulation Reference Signal (DMRS) association when two or more Transmission Configuration Indication (TCI) states are indicated for a Physical Downlink Shared Channel (PDSCH) transmission in a cellular communications system are disclosed. In one embodiment, a method performed by a WCD comprises receiving a Physical Downlink Control Channel (PDCCH) comprising Downlink Control Information (DCI) that indicates two Transmission Configuration Indication (TCI) states for a PDSCH transmission to the WCD and DMRS ports within a single Code Division Multiplexing (CDM) group. The method further comprises determining a PTRS port to DMRS port association for the PDSCH transmission, wherein a single PTRS port is used for the PDSCH transmission and determining the PTRS port to DMRS port association comprises determining that the single PTRS port is associated with a lowest indexed DMRS port in the DMRS ports indicated in the DCI.
US 12677292 pertains to receiving, from a base station, downlink control information (DCI) including a phase tracking reference signal (PTRS)-demodulation reference signal (DMRS) association field; and performing the uplink transmission on the basis of the DCI. The PTRS-DMRS association field may include first information for a first resource group, related to the association between a PTRS port and a DMRS port and second information for a second resource group, related to the association between the PTRS port and the DMRS port.
US 2019/0296781 pertains receiving modulation and coding scheme (MCS) information for each of two or more codewords from a base station (BS); determining a demodulation reference signal (DMRS) antenna port to which a phase tracking reference signal (PTRS) antenna port is mapped based on the MCS information; and receiving a PTRS based on the DMRS antenna port, wherein a DMRS antenna port with the lowest index among one or more DMRS antenna ports included in a codeword with the highest MCS among the two or more codewords may be determined as the DMRS antenna port.
US 2020/0259609 pertains to User terminal (20) receives a downlink resource including a data signal, a demodulation RS, and a correction RS via receiver (202), performs channel estimation using the demodulation RS via channel estimator (206) and channel corrector (207), and demodulates the data signal using a result of the channel estimation via demodulator and decoder (208). An MCS (CQI) index value and demodulation RS ports are associated with each CW of the data signal, and the correction RS is associated with any of demodulation RS ports associated with a high-quality CW corresponding to a highest MCS (CQI) index value. Channel estimator (206) and channel corrector (207) calculate a phase fluctuation amount using the correction RS associated with the demodulation RS port for the high-quality CW.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm.
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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.
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BRIAN S. ROBERTS
Primary Examiner
Art Unit 2466
/BRIAN S ROBERTS/Primary Examiner, Art Unit 2466