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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/4/24 and 10/24/24 is being considered by the examiner.
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 19 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a signal per se.
Step 1: Does the claim as a whole fall within any statutory category? No
Claim recites, “One or more computer-readable storage media storing instructions, …”
Analysis:
First, neither claim nor specification as whole does not provide what the computer-readable storage media is.
Since the applicant fails inclusively and specifically provide antecedent basic to limit the specific statutory embodiments, “computer-readable storage media” belongs to the intrinsic non-statutory embodiments such as carrier signal, radio wave, light wave, and transmission medium/media. A claim whose BRI covers both statutory and non-statutory embodiments embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. The BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007).
Since the BRI encompasses transitory forms of signal transmission, in view of the above analysis, claims 19 and 20 are ineligible for patent protection as failing to be limited to embodiments which fall within a statutory category.
Claim Rejections - 35 USC § 102
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 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 1-9, 11-15, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Futurewei (WO 2021/258088).
As to claim 1, Futurewei teaches an apparatus comprising: processing circuitry to: process configuration information for a codebook-based sounding reference signal (SRS) transmission, the configuration information received from a base station (Futurewei, Figure 22, a UE receiving and processing SRS configuration from the gNB. The SRS is codebook based Pg. 84 L24-26);
determine, based on the configuration information, (i) that at least eight SRS ports are to be used for the codebook-based SRS transmission (Futurewei, Pg 83 L1-8, the UE determines from the DCI SRS configuration to configure SRS resources having the same 8 ports) and (ii) comb information, symbol index information, or cyclic shift information associated with using the at least eight SRS ports (Futurewei, Pg. 15 L13-20, the UE determines comb information, cyclic shift information associated with the ports from the SRS configuration); and
generate an SRS for transmission using the at least eight SRS ports based on the comb information and the cyclic shift information (Futurewei, Fig 22, the UE generates and sends SRS transmission based on the port indication (8) and using the SRS configuration and transmission parameters for the ports (comb, cyclic shift)); and
interface circuity coupled with the processing circuitry to enable communication (Futurewei, Fig 31A, transceiver circuitry couple with the processing unit for communication).
As to claim 2, Futurewei teaches wherein the comb information indicates that only a transmission comb equals to two is allowed for using the at least eight SRS ports (Futurewei, Pg 32 L16-18, the comb information is 2 for the 8 ports).
As to claim 3, Futurewei teaches wherein the cyclic shift information indicates a set of maximum number of cyclic shifts for using the at least eight SRS ports, wherein the set includes a first maximum number associated with a transmission comb equals to two, a second maximum number associated with a transmission comb equals to 4, and a third maximum number associated with transmission comb equals to eight (Futurewei, Pg 32 L16-24, the cyclic shift has a max for associated comb 2, comb 4 and 8 comb).
As to claim 4, Futurewei teaches wherein the comb information indicates that a transmission comb equals to two, four, or eight is allowed (Futurewei, Pg 32 L16-24, comb equals 2, 4 or 8), and wherein the processing circuitry is further configured to: determine that frequency division multiplexing (FDM) is to be used for transmitting the SRS using the at least eight SRS ports (Futurewei, Pg 32 L10-15, OFDM is used for SRS over the 8 ports).
As to claim 5, Futurewei teaches wherein the comb information indicates that a first subset of the at least eight SRS ports is associated with a first comb offset and that a second subset of the at least eight SRS ports is associated with a second comb offset, wherein the FDM is based on the first comb offset and the second comb offset (Futurewei, Pg 32 L16-24, the comb 2 is for 1 resource with offset cyclic shift 8 and the is a comb 4 is for cyclic shift offset 8).
As to claim 6, Futurewei teaches wherein the first comb offset and the second comb offset are associated with the transmission comb equal to four or eight (Futurewei, Pg 32 L16-24, the comb 2 is for 1 resource with offset cyclic shift 8 and the is a comb 4 is for cyclic shift offset 8).
As to claim 7, Futurewei teaches wherein the comb information indicates that a comb offset for every "N" SRS ports is the same, wherein "N" is equal to two or four (Futurewei, Pg 32 L16-24, for 8 ports or 4 ports).
As to claim 8, Futurewei teaches wherein a first comb offset for a first set of "N" SRS ports is configured by radio resource control (RRC) signaling (Futurewei, Pg 34 L10-12, the configuration is via RRC signaling), and wherein a second comb offset for a second set of "N" SRS ports is determined based on a transmission comb value configured by the RRC signaling and on the first comb offset (Futurewei, Pg 32 L16-24, a first set of N ports with comb offset and a second set of N ports for a different comb value).
As to claim 9, Futurewei teaches wherein "N" is equal to two and wherein the second comb offset is determined further based on an antenna port index (Futurewei, Pg 32 L16-31, 2N is 2 and the comb is based off of the ports.
As to claim 11, Futurewei teaches wherein the comb information indicates that a transmission comb equals to two, four, or eight is allowed (Futurewei, Pg 32 L16-24, comb equals 2, 4 or 8), and wherein the processing circuitry is further configured to: determine that time division multiplexing (TDM) is to be used for transmitting the SRS using the at least eight SRS ports (Futurewei, Pg. 63 L9-24, determine time resources for SRS transmission using the 8 ports).
As to claim 12, Futurewei teaches wherein the configuration information indicates that a first subset of the at least eight SRS ports is associated with a first symbol index and that a second subset of the at least eight SRS ports is associated with a second symbol index, wherein the TDM is based on the first symbol index and the second symbol index (Futurewei, Pg 32 L16-24, the comb 2 is for 1 resource with offset cyclic shift 8 and the is a comb 4 is for cyclic shift offset 8, the time resource is associated with).
As to claim 13, Futurewei teaches wherein the first symbol index and the second symbol index are associated with the transmission comb equal to four or eight (Futurewei, Pg 32 L16-24, the comb 2 is for 1 resource with offset cyclic shift 8 and the is a comb 4 is for cyclic shift offset 8).
As to claim 14, Futurewei teaches wherein the configuration information indicates that a symbol index for every "N" SRS ports is the same, wherein "N" is equal to two or four (Futurewei, Pg 32 L16-24, for 8 ports or 4 ports).
As to claim 15, Futurewei teaches wherein a first symbol index for a first set of "N" SRS ports is configured by radio resource control (RRC) signaling (Futurewei, Pg 34 L10-12, the configuration is via RRC signaling).
As to claim 17, Futurewei teaches a method implemented by a base station, the method comprising: generating, for transmission to a user equipment (UE), configuration information for a codebook-based sounding reference signal (SRS) transmission (Futurewei, Figure 22, a base station generating configuration and a UE receiving and processing SRS configuration from the gNB. The SRS is codebook based Pg. 84 L24-26), wherein the configuration information is associated with using at least eight SRS ports for the codebook-based SRS transmission (Futurewei, Pg 83 L1-8, the UE determines from the DCI SRS configuration to configure SRS resources having the same 8 ports), and wherein the configuration information includes comb information, symbol index information, or cyclic shift information associated with using the at least eight SRS ports (Futurewei, Pg. 15 L13-20, the UE determines comb information, cyclic shift information associated with the ports from the SRS configuration); and receiving, from the UE, an SRS based on the configuration information (Futurewei, Fig 22, the base station receives SRS transmission based on the port indication (8) and using the SRS configuration and transmission parameters for the ports (comb, cyclic shift)).
As to claim 18, Futurewei teaches wherein the comb information indicates that a comb offset for every "N" SRS ports is the same, wherein "N" is equal to two or four (Futurewei, Pg 32 L16-24, the comb 2 is for 1 resource with offset cyclic shift 8 and the is a comb 4 is for cyclic shift offset 8)., and wherein a first comb offset for a first set of "N" SRS ports is configured by radio resource control (RRC) signaling (Futurewei, Pg 34 L10-12, the configuration is via RRC signaling).
As to claim 19, Futurewei teaches one or more computer-readable storage media storing instructions, that upon execution on a user equipment (UE), cause the UE to perform operations comprising: receiving, from a base station, configuration information for a codebook-based sounding reference signal (SRS) transmission (Futurewei, Figure 22, a UE receiving and processing SRS configuration from the gNB. The SRS is codebook based Pg. 84 L24-26); determining, based on the configuration information, (i) that at least eight SRS ports are to be used for the codebook-based SRS transmission (Futurewei, Pg 83 L1-8, the UE determines from the DCI SRS configuration to configure SRS resources having the same 8 ports) and (ii) comb information, symbol index information, or cyclic shift information associated with using the at least eight SRS ports (Futurewei, Pg. 15 L13-20, the UE determines comb information, cyclic shift information associated with the ports from the SRS configuration); and generating an SRS for transmission using the at least eight SRS ports based on the comb information and the cyclic shift information (Futurewei, Fig 22, the UE generates and sends SRS transmission based on the port indication (8) and using the SRS configuration and transmission parameters for the ports (comb, cyclic shift)).
As to claim 20, Futurewei teaches wherein the configuration information indicates at least one: a first subset of the at least eight SRS ports is associated with a first comb offset and that a second subset of the at least eight SRS ports is associated with a second comb offset (Futurewei, Pg 32 L16-24, the comb 2 is for 1 resource with offset cyclic shift 8 and the is a comb 4 is for cyclic shift offset 8) for frequency division multiplexing (Futurewei, Pg 32 L10-15, OFDM is used for SRS over the 8 ports).
Allowable Subject Matter
Claims 10 and 16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Futurewei (WO 2023/196693) [0310].
Wang et al (Pub No: 2026/02114666) [0302]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFSHAWN M TOWFIGHI whose telephone number is (571)270-7296. The examiner can normally be reached M-F 8:00 AM -5:00 PM.
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/AFSHAWN M TOWFIGHI/Primary Examiner, Art Unit 2469
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