DETAILED ACTION
The instant application having application No 18/854,648 filed on 07/15/2025 is presented for examination by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) 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.
Claim 1 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jassal et al. (U.S 20210329512, Oct. 21, 2021) in view of Zhou et al. (US 20220077967, Mar. 10 2022).
Regarding Claim 1, Jassal discloses a terminal device, comprising at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code being configured to, with the at least one processor, cause the terminal device to perform obtaining, a transmission number configured by a network device for sending an uplink medium access control-control element(page 14, par(0124), line 1-20, the UE transmit a field in the data block transmitted on the UL PUSCH to inform the neighbor cell that the UE has applied the MAC-CE command(medium access control-control element), to inform the network via the neighbor cell about pending data blocks that were supposed to be retransmitted by the source cell after receiving the PDSCH carrying the MAC-CE command. For each pending data block, include parameters such as, a HARQ process index, the number of attempted transmissions for the pending data block (obtaining a transmission number), of the data block).
Jassal discloses all aspects of the claimed invention, except sending, to the network device, the uplink medium access control-control element in a hybrid automatic repeat request process if a number of transmissions is less than the configured transmission number, in response to a trigger event for the uplink medium access control-control element.
GAO is the same field of invention teaches sending, to the network device, the uplink medium access control-control element in a hybrid automatic repeat request process if a number of transmission is less than the configured transmission number, in response to a trigger event for the uplink medium access control-control element (page 6, par(0083), line 1-10, MAC-CE and DCI are used for indicating one transmission, the number of transmission states activated by a MAC-CE command transmitted by the BS the maximum number of path-loss RS(s) capable of being tracked and maintained by a UE).
Jassal and GAO analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the uplink medium access control-control element in a hybrid automatic repeat request process if a number of transmissions is less than the configured transmission number the teaching of Jassal to include the number of transmission states activated by a MAC-CE command transmitted by the BS the maximum number of path-loss RS(s) capable of being tracked and maintained by a UE the teaching of GAO because it is providing demultiplexing between transport and logical channels, packet reassembly, deciphering, header decompression, and control signal processing to recover IP packets from the EPC.
2.-44. (Canceled)
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
In claim 1, applicant has claimed “computer program code”. When applying the broadest reasonable interpretation of the claims they covers a software operation system per.
Therefore, claim 1 is directed to non-statutory subject matter as computer program, per se.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
Han et al. (US 20220264590, Aug. 18, 2022) teaches Method and Apparatus for controlling sidelink and uplink transmission of NR supporting V2X.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IQBAL ZAIDI/
Primary Examiner, Art Unit 2464
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