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 (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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 28 and 43 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Seo et al. (US 2017/0141897).
Regarding claim 28, Seo discloses a demodulation reference signal (DMRS) transmission method (figs. 21-22; paras. 120-122 and 127), performed by a terminal, comprising: determining that a conflict condition is satisfied; and receiving a first DMRS at a position of a shifted resource element (RE), wherein the position of the shifted RE is determined by means of shifting in frequency domain (paras. 120-122 and 127).
Regarding claim 43, Seo discloses a communication apparatus (fig. 28) , comprising a processor and a memory, wherein the memory stores a computer program; and the processor causes the communication apparatus to execute the method according to claim 28 by executing the computer program stored in the memory.
Allowable Subject Matter
Claims 1-3, 5-8, 18-20, 22-25, 39 and 41-42 allowed.
Claim 29 is 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. Bendlin et al. (US 2021/0058953) discloses time shifting a DRMS when conflicting with a CRS (para. 47).
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/Kevin C. Harper/
Primary Examiner, Art Unit 2462
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