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 .
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double
patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a
reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional
the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action,
see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration
while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§
706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit
www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-
online/eterminal-disclaimer.
Claims 1-31 of the current application 18/885,769 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 7-8, 10, and 13-15 of co-pending Application No. 18/885,753.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, co-pending Application 18/885,753 discloses
A method for handling a communication with a serving cell of a communication device, comprising (Claim 1: A method for handling a communication with a serving cell of a communication device, comprising):
receiving a first configuration from a network, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period (Claim 1: receiving a first configuration from a network, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period);
receiving a second configuration for the serving cell from the network, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell (Claim 1: receiving a second configuration for the serving cell from the network, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell);
receiving an indicator for the first UL transmission in a bandwidth part (BWP) of the serving cell from the network, wherein the first UL transmission corresponds to a first priority index (Claim 1: receiving an indicator for a first UL transmission in a bandwidth part (BWP) of the serving cell from the network, wherein the first UL transmission corresponds to a first priority index);
performing the first UL transmission according to a first resource configuration, in response to the first UL transmission overlapping with the UL symbol (Claim 1: performing the first UL transmission according to a first resource configuration, in response to the first UL transmission overlapping with a UL symbol in the set of UL symbols); and
determining whether to perform the first UL transmission, in response to the first UL transmission overlapping with the special symbol in time (Claim 1: determining whether to perform the first UL transmission, in response to the first UL transmission overlapping with a special symbol in the set of special symbols in time).
Regarding claim 2, co-pending Application 18/885,753 discloses
The method of claim 1, wherein the first UL transmission fulfills at least one of following conditions (Claim 2: wherein the first UL transmission fulfills at least one of following conditions):
the first UL transmission comprises at least one of a physical UL control channel (PUCCH), a physical UL shared channel (PUSCH), a sounding reference signal (SRS), and a physical random access channel (PRACH) (Claim 2: the first UL transmission comprises at least one of a physical UL control channel (PUCCH), a physical UL shared channel (PUSCH), a sounding reference signal (SRS), and a physical random access channel (PRACH)); and
the first UL transmission is indicated without at least one repetition (Claim 2: the first UL transmission is indicated without at least one repetition).
Regarding claim 3, co-pending Application 18/885,753 discloses
The method of claim 1, wherein the indicator is received via a DL control information (DCI) or a radio resource control (RRC) signal (Claim 3: wherein the indicator is received via a DL control information (DCI) or a radio resource control (RRC) signal).
Regarding claim 4, co-pending Application 18/885,753 discloses
The method of claim 1, wherein the first resource configuration is indicated by the indicator or a RRC signal (Claim 3: the first resource configuration is indicated by the indicator or the RRC signal).
Regarding claim 5, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first PUCCH with the first priority index being a first value (Claim 4: performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first PUCCH with the first priority index being a first value); and
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising the first PUCCH with the first priority index being a second value (Claim 4: disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising the first PUCCH with the first priority index being a second value).
Regarding claim 6, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to the indicator being not indicated by the DCI (Claim 5: disabling performing the first UL transmission in the special symbol, in response to the indicator being not indicated by the DCI).
Regarding claim 7, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the first UL transmission not overlapping with the at least one DL sub-band (Claim 6: performing the first UL transmission in the special symbol, in response to the first UL transmission not overlapping with the at least one DL sub-band).
Regarding claim 8, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission overlapping with the at least one DL sub-band (Claim 7: disabling performing the first UL transmission in the special symbol, in response to the first UL transmission overlapping with the at least one DL sub-band).
Regarding claim 9, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
receiving a third configuration from the network (Claim 1: receiving a third configuration from the network).
Regarding claim 10, co-pending Application 18/885,753 discloses
The method of claim 9, wherein the third configuration comprises a first power information and a second power information for the first UL transmission, and the first power information and the second power information correspond to the UL symbol and the special symbol, respectively (Claim 1: wherein the third configuration comprises a first power information and a second power information for a first UL transmission, the first power information corresponds to a UL symbol in the set of UL symbols, and the second power information corresponds to a special symbol in the set of special symbols).
Regarding claim 11, co-pending Application 18/885,753 discloses
The method of claim 10, further comprising:
determining a first transmission power for the first UL transmission according to the first power information, in response to the first UL transmission overlapping with the UL symbol (Claim 8: determining a first transmission power for the first UL transmission according to the first power information, in response to the first UL transmission overlapping with the UL symbol).
Regarding claim 12, co-pending Application 18/885,753 discloses
The method of claim 10, further comprising:
determining a second transmission power for the first UL transmission according to the second power information, in response to the first UL transmission overlapping with the special symbol (Claim 9: determining a second transmission power for the first UL transmission according to the second power information, in response to the first UL transmission overlapping with the special symbol).
Regarding claim 13, co-pending Application 18/885,753 discloses
The method of claim 9, wherein the third configuration comprises a first spatial relation information and a second spatial relation information for the first UL transmission, and the first spatial relation information and the second spatial relation information correspond to the UL symbol and the special symbol, respectively (Claim 10: wherein the third configuration comprises a first spatial relation information and a second spatial relation information for the first UL transmission, and the first spatial relation information and the second spatial relation information correspond to the UL symbol and the special symbol, respectively).
Regarding claim 14, co-pending Application 18/885,753 discloses
The method of claim 13, further comprising:
determining a first spatial relation for the first UL transmission according to the first spatial relation information, in response to the first UL transmission overlapping with the UL symbol (Claim 10: determining a first spatial relation for the first UL transmission according to the first spatial relation information, in response to the first UL transmission overlapping with the UL symbol).
Regarding claim 15, co-pending Application 18/885,753 discloses
The method of claim 13, further comprising:
determining a second spatial relation for the first UL transmission according to the second spatial relation information, in response to the first UL transmission overlapping with the special symbol (Claim 11: determining a second spatial relation for the first UL transmission according to the second spatial relation information, in response to the first UL transmission overlapping with the special symbol).
Regarding claim 16, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to a second UL transmission overlapping with the first UL transmission in time (Claim 12: disabling performing the first UL transmission in the special symbol, in response to a second UL transmission overlapping with the first UL transmission in time);
wherein the first UL transmission comprises a first PUCCH with the first priority index being a second value, and the second UL transmission comprises a second PUCCH with a second priority index being a first value (Claim 12: disabling performing the first UL transmission in the special symbol, in response to a second UL transmission overlapping with the first UL transmission in time).
Regarding claim 17, co-pending Application 18/885,753 discloses
The method of claim 16, further comprising:
performing the second UL transmission in the special symbol (Claim 13: performing the second UL transmission in the special symbol).
Regarding claim 18, co-pending Application 18/885,753 discloses
The method of claim 16, further comprising:
multiplexing a first of the first PUCCH and a second UCI of the second PUCCH in a third PUCCH with a third priority index being the first value (Claim 14: multiplexing a first UCI of the first PUCCH and a second UCI of the second PUCCH in a third PUCCH with a third priority index being the first value); and
performing a third UL transmission, wherein the third UL transmission comprises the third PUCCH (Claim 14: performing a third UL transmission, wherein the third UL transmission comprises the third PUCCH).
Regarding claim 19, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to the special symbol being configured as a DL symbol in the set of DL symbols according to the first configuration (Claim 15: disabling performing the first UL transmission in the special symbol, in response to the special symbol being configured as a DL symbol in the set of DL symbols according to the first configuration).
Regarding claim 20, co-pending Application 18/885,753 discloses
The method of claim 19, wherein the first UL transmission fulfills at least one of following conditions (Claim 16: wherein the first UL transmission fulfills at least one of following conditions):
the first UL transmission corresponds to the first priority index being a second value (Claim 16: the first UL transmission corresponds to the first priority index being a second value);
the first UL transmission comprises a first PUCCH carrying a hybrid automatic repeat request acknowledgement (HARQ-ACK) for a semi persistent scheduling physical DL shared channel (SPS-PDSCH) (Claim 16: the first UL transmission comprises a first PUCCH carrying a hybrid automatic repeat request acknowledgement (HARQ-ACK) for a semi persistent scheduling physical DL shared channel (SPS-PDSCH)); and
the first UL transmission comprises the first PUCCH carrying a channel status information (CSI) (Claim 16: the first UL transmission comprises the first PUCCH carrying a channel status information (CSI)).
Regarding claim 21, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the special symbol being configured as a flexible symbol in the set of flexible symbols according to the first configuration (Claim 17: performing the first UL transmission in the special symbol, in response to the special symbol being configured as a flexible symbol in the set of flexible symbols according to the first configuration).
Regarding claim 22, co-pending Application 18/885,753 discloses
The method of claim 21, wherein the special symbol is indicated as a UL resource by the network (Claim 18: wherein the special symbol is indicated as a UL resource by the network).
Regarding claim 23, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first set of UCIs (Claim 19: performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first set of UCIs); and
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a second set of UCIs (Claim 19: disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a second set of UCIs).
Regarding claim 24, co-pending Application 18/885,753 discloses
The method of claim 23, wherein the first set of UCIs comprises at least one of a HARQ-ACK and a scheduling request (SR), or the second set of UCIs comprises a CSI (Claim 20: wherein the first set of UCIs comprises at least one of a HARQ-ACK and a scheduling request (SR), or the second set of UCIs comprises a CSI).
Regarding claim 25, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
determining a UL resource according to at least one of the first resource configuration and a starting physical resource block (PRB) (Claim 21: determining a UL resource according to at least one of the first resource configuration and a starting physical resource block (PRB)); and
performing the first UL transmission on the UL resource in the special symbol (Claim 21: performing the first UL transmission on the UL resource in the special symbol);
wherein a first number of PRB of the UL resource is the same as a second number of PRB for the first UL transmission overlapping with the UL symbol in the set of UL symbols (Claim 21: wherein a first number of PRB of the UL resource is the same as a second number of PRB for the first UL transmission overlapping with the UL symbol in the set of UL symbols);
wherein the starting PRB is determined according to at least one of an offset, the indicator, the first resource configuration, a DCI, and a higher-layer signal, and the offset indicates a set of frequency domain resource (Claim 21: wherein the starting PRB is determined according to at least one of an offset, the indicator, the first resource configuration, a DCI, and a higher-layer signal, and the offset indicates a set of frequency domain resource).
Regarding claim 26, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol via a part of a resource for the first UL transmission within the at least one UL sub-band, in response to the resource overlapping with the at least one DL sub-band in the special symbol (Claim 22: performing the first UL transmission in the special symbol via a part of a resource for the first UL transmission within the at least one UL sub-band, in response to the resource overlapping with the at least one DL sub-band in the special symbol).
Regarding claim 27, co-pending Application 18/885,753 discloses
The method of claim 1, further comprising:
determining a UL resource for the first UL transmission in the special symbol according to a first payload size of the first UL transmission (Claim 23: determining a UL resource for the first UL transmission in the special symbol according to a first payload size of the first UL transmission); and
performing the first UL transmission via the UL resource (Claim 23: performing the first UL transmission via the UL resource);
wherein the UL resource is selected from a plurality of UL resources (Claim 23: wherein the UL resource is selected from a plurality of UL resources).
Regarding claim 28, co-pending Application 18/885,753 discloses
The method of claim 27, wherein at least one UL resource of the plurality of UL resources is associated with a second payload size (Claim 24: wherein at least one UL resource of the plurality of UL resources is associated with a second payload size).
Regarding claim 29, co-pending Application 18/885,753 discloses
The method of claim 27, wherein the first UL transmission comprises more than one UCI type (Claim 24: the first UL transmission comprises more than one UCI type).
Regarding claim 30, co-pending Application 18/885,753 discloses
A communication device for handling a communication with a serving cell, comprising (Claim 25: A communication device for handling a communication with a serving cell, comprising):
at least one storage device (Claim 25: at least one storage device); and
at least one processing circuit, coupled to the at least one storage device, wherein the at least one storage device is configured to store instructions, and the at least one processing circuit is configured to execute the instructions of (Claim 25: at least one processing circuit, coupled to the at least one storage device, wherein the at least one storage device is configured to store instructions, and the at least one processing circuit is configured to execute the instructions of):
receiving a first configuration from a network, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period (Claim 25: receiving a first configuration from a network, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period);
receiving a second configuration for the serving cell from the network, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell (Claim 25: receiving a second configuration for the serving cell from the network, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell);
receiving an indicator for a first UL transmission in a bandwidth part (BWP) of the serving cell from the network, wherein the first UL transmission corresponds to a first priority index (Claim 25: receiving an indicator for the first UL transmission in a bandwidth part (BWP) of the serving cell from the network, wherein the first UL transmission corresponds to a first priority index);
performing the first UL transmission according to a first resource configuration, in response to the first UL transmission overlapping with a UL symbol in the set of UL symbols (Claim 25: performing the first UL transmission according to a first resource configuration, in response to the first UL transmission overlapping with the UL symbol); and
determining whether to perform the first UL transmission, in response to the first UL transmission overlapping with a special symbol in the set of special symbols in time (Claim 25: determining whether to perform the first UL transmission, in response to the first UL transmission overlapping with the special symbol in time).
Regarding claim 31, co-pending Application 18/885,753 discloses
A method for a network handling a communication with a communication device, comprising (Claim 26: A method for a network handling a communication with a communication device, comprising):
transmitting a first configuration to the communication device, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period (Claim 26: transmitting a first configuration to the communication device, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period);
transmitting a second configuration for the serving cell to the communication device, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell (Claim 26: transmitting a second configuration for the serving cell to the communication device, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell);
transmitting an indicator for a first UL transmission in a bandwidth part (BWP) of the serving cell to the communication device, wherein the first UL transmission corresponds to a first priority index (Claim 26: transmitting an indicator for the first UL transmission in a bandwidth part (BWP) of the serving cell to the communication device, wherein the first UL transmission corresponds to a first priority index); and
transmitting a first resource configuration to the communication device (Claim 26: transmitting a first resource configuration to the communication device);
wherein the first resource configuration enables the communication device to perform the first UL transmission, in response to the first UL transmission overlapping with a UL symbol in the set of UL symbols (Claim 26: wherein the first resource configuration enables the communication device to perform the first UL transmission, in response to the first UL transmission overlapping with the UL symbol).
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 1-4, 6-8, and 19-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rudolf et al (US 20230292294 A1).
Regarding claim 1, Rudolf discloses
A method for handling a communication with a serving cell of a communication device, comprising ([0005] method for UE):
receiving a first configuration from a network, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period ([0057], [0116]-[0118], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE receives UL-DL configurations from gNB which include DL slot(s), special/switching slot including flexible part (set of flexible symbols), and UL slot, where each slot includes one or more symbols and the configuration is shown in reference to time on the axis (in a time period));
receiving a second configuration for the serving cell from the network, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell ([0116]-[0118], [0123], [0147], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE receives UL-DL configurations of a serving cell from gNB in SIB, which includes a special/switching slot (set of special symbols) with a DL part (special symbols in set of DL symbols), a flexible part (special symbols in set of flexible symbols), and a UL part, where UL and DL sub-bands may be separated into non-overlapping sub-bands (comprising at least one DL sub-band and UL sub-band in different frequency regions));
receiving an indicator for the first UL transmission in a bandwidth part (BWP) of the serving cell from the network, wherein the first UL transmission corresponds to a first priority index ([0071], [0098], [0150], and [0163] the UE is configured by the gNB to transmit signals on a cell within an active UL BWP (receive indicator for the first UL transmission in a BWP of the serving cell from the network) with PUCCH parameters, where slots and symbols for the PUCCH have different priorities (first UL transmission corresponds to first priority index));
performing the first UL transmission according to a first resource configuration, in response to the first UL transmission overlapping with the UL symbol ([0006], [0116]-[0118] and [0150] the UE transmits the PUCCH in the slot on the cell based on the set of PUCCH parameters and the configuration that includes a UL slot (in response to the UL transmission overlapping with the UL symbol), where the UE is provided with PUCCH configurations including the PUCCH parameters, PUCCH format configurations, and PUCCH resources/resource sets (performing UL transmission according to resource configuration)); and
determining whether to perform the first UL transmission, in response to the first UL transmission overlapping with the special symbol in time ([0116]-[0118], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot with an optional UL part (UE may optionally use the special slot for UL; i.e. determining to perform UL transmission when it overlaps with the special symbol); [0006] and [0150] the UE transmits the PUCCH in the slot on the cell based on the set of PUCCH parameters and PUCCH configurations (determining to perform UL transmission based on the configurations)).
Regarding claim 2, Rudolf discloses
The method of claim 1, wherein the first UL transmission fulfills at least one of following conditions ([0006] and [0150] the UE transmits the PUCCH in the slot on the cell (first UL transmission)):
the first UL transmission comprises at least one of a physical UL control channel (PUCCH), a physical UL shared channel (PUSCH), a sounding reference signal (SRS), and a physical random access channel (PRACH) ([0006] and [0150] the UE transmits the PUCCH in the slot on the cell based on the set of PUCCH parameters and PUCCH configurations); and
the first UL transmission is indicated without at least one repetition.
Regarding claim 3, Rudolf discloses
The method of claim 1, wherein the indicator is received via a DL control information (DCI) or a radio resource control (RRC) signal ([0071], [0098], [0145], [0150], and [0163] the UE is configured by the gNB to transmit signals on a cell within an active UL BWP, where both RRC signaling and DCI-based indication may be used to control the UE PUCCH transmission behavior (indicator received via DCI or RRC signal)).
Regarding claim 4, Rudolf discloses
The method of claim 1, wherein the first resource configuration is indicated by the indicator or a RRC signal ([0071], [0098], [0145], [0150], and [0163] the UE is configured by the gNB to transmit signals on a cell within an active UL BWP, where both RRC signaling and DCI-based indication may be used to control the UE PUCCH transmission behavior (indicator received via DCI or RRC signal)).
Regarding claim 6, Rudolf discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to the indicator being not indicated by the DCI ([0116]-[0118], [0149], [0177], and [Fig. 6]-[Fig. 7] if the parameter xdd-config, when provided for a PUCCH transmission in a symbol or slot indicates that the symbol or slot is not available for PUCCH transmission, the UE does not transmit the PUCCH in the symbol or slot (disabling the first UL transmission in the slot), where xdd-config is in DCI and the available slots include a special slot (not performing transmission in the special symbol)).
Regarding claim 7, Rudolf discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the first UL transmission not overlapping with the at least one DL sub-band ([0116]-[0118], [0123]-[0124], [0147], [0170]-[0171], and [Fig. 6]-[Fig. 7] UL-DL configurations includes a special/switching slot (set of special symbols) that can be used for UL transmission, where transmissions on same symbols or slots may be separated by being placed in non-overlapping sub-bands (not overlapping with the at least one DL sub-band) and the UE is scheduled to use the UL sub-band for transmissions).
Regarding claim 8, Rudolf discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission overlapping with the at least one DL sub-band ([0138] possibility to schedule any UL transmissions is disabled because the UE only considers the last 2 symbols in slot 4 as flexible symbols and the rest of the symbols are DDDS(D)U (first UL transmission overlapping with at least one DL sub-band)).
Regarding claim 19, Rudolf discloses
The method of claim 1, further comprising:
disabling performing the first UL transmission in the special symbol, in response to the special symbol being configured as a DL symbol in the set of DL symbols according to the first configuration ([0138] possibility to schedule any UL transmissions is disabled because the UE only considers the last 2 symbols in slot 4 as flexible symbols (special symbol) and the rest of the symbols are DDDS(D)U (special symbol configured as a DL symbol according to the configuration)).
Regarding claim 20, Rudolf discloses
The method of claim 19, wherein the first UL transmission fulfills at least one of following conditions:
the first UL transmission corresponds to the first priority index being a second value;
the first UL transmission comprises a first PUCCH carrying a hybrid automatic repeat request acknowledgement (HARQ-ACK) for a semi persistent scheduling physical DL shared channel (SPS-PDSCH); and
the first UL transmission comprises the first PUCCH carrying a channel status information (CSI) ([0071]-[0074] the UE sends UL signals that may be a PUCCH that includes UCI that carries CSI reports).
Regarding claim 21, Rudolf dicloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the special symbol being configured as a flexible symbol in the set of flexible symbols according to the first configuration ([0006], [0116]-[0118], [0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot with a flexible part (configured as a flexible symbol in the set of flexible symbols) where the UE transmits the PUCCH in the slot on the cell (in response to the UL transmission overlapping with the UL symbol) based on the PUCCH configurations including PUCCH parameters, PUCCH format configurations, and PUCCH resources/resource sets (performing UL transmission according to resource configuration)).
Regarding claim 22, Rudolf discloses
The method of claim 21, wherein the special symbol is indicated as a UL resource by the network ([0006], [0116]-[0118], [0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot).
Regarding claim 23, Rudolf discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first set of UCIs ([0006], [0098], [0116]-[0118], [0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot where the UE transmits the PUCCH in the slot on the cell (performing UL transmission in the special symbol), and the UE will transmit the PUCCH with the UCI type with the higher priority (comprising a first set of UCIs)); and
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a second set of UCIs ([0006], [0098], [0116]-[0118], [0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot where the UE transmits the PUCCH in the slot on the cell, and the UE will not transmit the PUCCH with the UCI type with the lower priority (comprising a second set of UCIs)).
Regarding claim 24, Rudolf discloses
The method of claim 23, wherein the first set of UCIs comprises at least one of a HARQ-ACK and a scheduling request (SR), or the second set of UCIs comprises a CSI ([0072] UCI includes HARQ-ACK information, a scheduling request SR, and CSI reports).
Regarding claim 25, Rudolf discloses
The method of claim 1, further comprising:
determining a UL resource according to at least one of the first resource configuration and a starting physical resource block (PRB) ([0089] and [0092] the UE transmits the PUCCH starting from a first PR that is provided by parameter startingPRB (starting physical resource block), where the PUCCH resources are configured in DCI); and
performing the first UL transmission on the UL resource in the special symbol ([0006], [0116]-[0118], [0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot where the UE transmits the PUCCH in the slot on the cell (performing UL transmission in the special symbol));
wherein a first number of PRB of the UL resource is the same as a second number of PRB for the first UL transmission overlapping with the UL symbol in the set of UL symbols ([0006], [0092], [0116]-[0118] and [0150] UE transmits the PUCCH starting from a first PRB in slots with even number and starting from a second PRB in slots with an odd number (first and second PRB number the same), where the PUCCH is sent in the slot on the cell based on the set of PUCCH parameters and the configuration that includes a UL slot (in response to the UL transmission overlapping with the UL symbol));
wherein the starting PRB is determined according to at least one of an offset, the indicator, the first resource configuration, a DCI, and a higher-layer signal, and the offset indicates a set of frequency domain resource ([0092] and [0150] parameter startingPRB is configured on the UE in the PUCCH configurations that include the PUCCH resources (first resource configuration)).
Regarding claim 26, Rudolf discloses
The method of claim 1, further comprising:
performing the first UL transmission in the special symbol via a part of a resource for the first UL transmission within the at least one UL sub-band, in response to the resource overlapping with the at least one DL sub-band in the special symbol ([0006], [0116]-[0118], [0123], [0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot where the UE transmits the PUCCH in the slot on the cell (performing UL transmission in the special symbol), where allocations of the UL subbands and the DL subbands may overlap).
Regarding claim 27, Rudolf discloses
The method of claim 1, further comprising:
determining a UL resource for the first UL transmission in the special symbol according to a first payload size of the first UL transmission ([0089] UE selects the PUCCH resource set as a function of the UCI payload size (first payload of the first UL transmission)); and
performing the first UL transmission via the UL resource ([0089] and [0187] UE selects the PUCCH resource set as a function of the UCI payload size and selects a PUCCH resource out of the PUCCH resource set and uses the PUCCH resource for transmissions);
wherein the UL resource is selected from a plurality of UL resources ([0187] PUCCH resource is selected from the PUCCH resource set).
Regarding claim 28, Rudolf discloses
The method of claim 27, wherein at least one UL resource of the plurality of UL resources is associated with a second payload size ([0072] and [0089] PUCCH resource set is selected by the UE as a function of the UCI payload size (UCIs have different payload sizes), where UCI can include a multitude of combinations of different types of information (at least two different payload sizes)).
Regarding claim 29, Rudolf discloses
The method of claim 27, wherein the first UL transmission comprises more than one UCI type ([0098] UE UL transmission may comprise UCI of different types).
Regarding claim 30, Rudolf discloses
A communication device for handling a communication with a serving cell, comprising ([0047] and [Fig. 3] UE):
at least one storage device ([0048] and [Fig. 3] UE comprises memory); and
at least one processing circuit, coupled to the at least one storage device, wherein the at least one storage device is configured to store instructions, and the at least one processing circuit is configured to execute the instructions of ([0051] and [Fig. 3] UE comprises processor that executes OS stored on memory to control the overall operation of the UE):
receiving a first configuration from a network, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period ([0057], [0116]-[0118], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE receives UL-DL configurations from gNB which include DL slot(s), special/switching slot including flexible part (set of flexible symbols), and UL slot, where each slot includes one or more symbols and the configuration is shown in reference to time on the axis (in a time period));
receiving a second configuration for the serving cell from the network, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell ([0116]-[0118], [0123], [0147], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE receives UL-DL configurations of a serving cell from gNB in SIB, which includes a special/switching slot (set of special symbols) with a DL part (special symbols in set of DL symbols), a flexible part (special symbols in set of flexible symbols), and a UL part, where UL and DL sub-bands may be separated into non-overlapping sub-bands (comprising at least one DL sub-band and UL sub-band in different frequency regions));
receiving an indicator for the first UL transmission in a bandwidth part (BWP) of the serving cell from the network, wherein the first UL transmission corresponds to a first priority index ([0071], [0098], [0150], and [0163] the UE is configured by the gNB to transmit signals on a cell within an active UL BWP (receive indicator for the first UL transmission in a BWP of the serving cell from the network) with PUCCH parameters, where slots and symbols for the PUCCH have different priorities (first UL transmission corresponds to first priority index));
performing the first UL transmission according to a first resource configuration, in response to the first UL transmission overlapping with the UL symbol ([0006], [0116]-[0118] and [0150] the UE transmits the PUCCH in the slot on the cell based on the set of PUCCH parameters and the configuration that includes a UL slot (in response to the UL transmission overlapping with the UL symbol), where the UE is provided with PUCCH configurations including the PUCCH parameters, PUCCH format configurations, and PUCCH resources/resource sets (performing UL transmission according to resource configuration)); and
determining whether to perform the first UL transmission, in response to the first UL transmission overlapping with the special symbol in time ([0116]-[0118], [0170]-[0171], and [Fig. 6]-[Fig. 7] configuration includes a special/switching slot with an optional UL part (UE may optionally use the special slot for UL; i.e. determining to perform UL transmission when it overlaps with the special symbol); [0006] and [0150] the UE transmits the PUCCH in the slot on the cell based on the set of PUCCH parameters and PUCCH configurations (determining to perform UL transmission based on the configurations)).
Regarding claim 31, Rudolf discloses
A method for a network handling a communication with a communication device, comprising ([0004] and [0007] method for base station):
transmitting a first configuration to the communication device, wherein the first configuration indicates at least one of a set of downlink (DL) symbols, a set of flexible symbols, and a set of uplink (UL) symbols in a time period ([0057], [0116]-[0118], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE receives UL-DL configurations from gNB which include DL slot(s), special/switching slot including flexible part (set of flexible symbols), and UL slot, where each slot includes one or more symbols and the configuration is shown in reference to time on the axis (in a time period));
transmitting a second configuration for the serving cell to the communication device, wherein the second configuration indicates a set of special symbols in at least one of the set of DL symbols and the set of flexible symbols, and the set of special symbols comprises at least one DL sub-band and at least one UL sub-band in different frequency regions of the serving cell ([0116]-[0118], [0123], [0147], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE receives UL-DL configurations of a serving cell from gNB in SIB, which includes a special/switching slot (set of special symbols) with a DL part (special symbols in set of DL symbols), a flexible part (special symbols in set of flexible symbols), and a UL part, where UL and DL sub-bands may be separated into non-overlapping sub-bands (comprising at least one DL sub-band and UL sub-band in different frequency regions));
transmitting an indicator for the first UL transmission in a bandwidth part (BWP) of the serving cell to the communication device, wherein the first UL transmission corresponds to a first priority index ([0071], [0098], [0150], and [0163] the UE is configured by the gNB to transmit signals on a cell within an active UL BWP (receive indicator for the first UL transmission in a BWP of the serving cell from the network) with PUCCH parameters, where slots and symbols for the PUCCH have different priorities (first UL transmission corresponds to first priority index)); and
transmitting a first resource configuration to the communication device ([0006], [0116]-[0118] and [0150] the UE is provided with PUCCH configurations including the PUCCH parameters, PUCCH format configurations, and PUCCH resources/resource sets (performing UL transmission according to resource configuration));
wherein the first resource configuration enables the communication device to perform the first UL transmission, in response to the first UL transmission overlapping with the UL symbol ([0006], [0116]-[0118] and [0150] the UE transmits the PUCCH in the slot on the cell based on the set of PUCCH parameters and the configuration that includes a UL slot (in response to the UL transmission overlapping with the UL symbol), where the UE is provided with PUCCH configurations including the PUCCH parameters, PUCCH format configurations, and PUCCH resources/resource sets (performing UL transmission according to resource configuration)).
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 for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Rudolf et al (US 20230292294 A1), and further in view of Hosseini et al (US 20200229103 A1).
Regarding claim 5, Rudolf teaches The method of claim 1, as is described above.
Rudolf does not appear to explicitly teach further comprising:
performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first PUCCH with the first priority index being a first value; and
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising the first PUCCH with the first priority index being a second value.
However, Hosseini does teach performing the first UL transmission in the special symbol, in response to the first UL transmission comprising a first PUCCH with the first priority index being a first value ([0081]-[0082] and [0084]-[0085] the UE prioritizes transmissions of PUCCH on the primary cell MCG (priority index of a first value) over transmissions on the secondary cell SCG, and the UE will identify uplink or flexible symbols for the MCG to perform the uplink transmission on (performing first UL transmission in the special symbol in response to first priority index value)); and
disabling performing the first UL transmission in the special symbol, in response to the first UL transmission comprising the first PUCCH with the first priority index being a second value ([0081]-[0082] and [0084]-[0085] the UE prioritizes transmissions of PUCCH on the primary cell MCG over transmissions on the secondary cell SCG (priority index of a second value), and the UE will abstain from performing the uplink transmission when it identifies uplink or flexible symbols during one or more symbol periods of the SCG (disabling performing the UL transmission in the special symbol in response to the second value of priority index)).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there are different prioritizations based on the transmission being for the MCG or the SCG. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Regarding claim 9, Rudolf teaches The method of claim 1, as is described above.
Rudolf does not appear to explicitly teach further comprising: receiving a third configuration from the network.
However, Hosseini, does teach further comprising: receiving a third configuration from the network ([0096], [0110], and [Fig. 4] UE is configured with set of maximum configured power P_NR1’ and P_NR2’ (third configuration)).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there is a third configuration. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Regarding claim 10, Rudolf teaches The method of claim 9, as is described above.
Rudolf does not appear to explicitly teach wherein the third configuration comprises a first power information and a second power information for the first UL transmission, and the first power information and the second power information correspond to the UL symbol and the special symbol, respectively.
However, Hosseini, does teach wherein the third configuration comprises a first power information and a second power information for the first UL transmission, and the first power information and the second power information correspond to the UL symbol and the special symbol, respectively ([0096], [0110], and [Fig. 4] UE is configured with set of maximum configured power P_NR1’ and P_NR2’ (first and second power information for a UL transmission), and when the uplink signal overlaps with an uplink symbol or a flexible symbol, the UE maximum power is selected from the second set of maximum configured powers P_NR1’ (first power information corresponds to UL symbol) and P_NR2’ (second power information corresponds to special symbol)).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there are two different power configurations for the UL transmission based on if the uplink overlaps with an uplink symbol and a flexible symbol. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Regarding claim 11, Rudolf teaches The method of claim 10, as is described above.
Rudolf does not appear to explicitly teach further comprising:
determining a first transmission power for the first UL transmission according to the first power information, in response to the first UL transmission overlapping with the UL symbol.
However, Hosseini does teach determining a first transmission power for the first UL transmission according to the first power information, in response to the first UL transmission overlapping with the UL symbol ([0096], [0110], and [Fig. 4] UE is configured with set of maximum configured power P_NR1’ (first power information for a UL transmission), and when the uplink signal overlaps with an uplink symbol, the UE maximum power is selected from the second set of maximum configured powers P_NR1’ (first transmission power determined in response to first UL transmission overlapping with UL symbol)).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there are two different power configurations for the UL transmission based on if the uplink overlaps with an uplink symbol and a flexible symbol. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Regarding claim 12, Rudolf teaches The method of claim 10, as is described above.
Rudolf does not appear to explicitly teach further comprising:
determining a second transmission power for the first UL transmission according to the second power information, in response to the first UL transmission overlapping with the special symbol.
However, Hosseini does teach determining a second transmission power for the first UL transmission according to the second power information, in response to the first UL transmission overlapping with the special symbol ([0096], [0110], and [Fig. 4] UE is configured with set of maximum configured power P_NR2’ (second power information for a UL transmission), and when the uplink signal overlaps with a flexible symbol, the UE maximum power is selected from the second set of maximum configured powers P_NR2’ (second transmission power determined in response to first UL transmission overlapping with special symbol)).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there are two different power configurations for the UL transmission based on if the uplink overlaps with an uplink symbol and a flexible symbol. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Regarding claim 13, Rudolf modified by Hosseini teaches The method of claim 9, as is described above.
Rudolf further teaches wherein the third configuration comprises a first spatial relation information and a second spatial relation information for the first UL transmission, and the first spatial relation information and the second spatial relation information correspond to the UL symbol and the special symbol, respectively ([0099], [0116]-[0118], [0149]-[0150], [0170]-[0171], and [Fig. 6]-[Fig. 7] UE is configurged with xdd-config, which includes an indication used to determine the spatial settings by the UE, where there are a first spatial relation and a second spatial relation that can be used by the UE for UL transmission, and the UE is configured with a special/switching slot and a UL slot (corresponding to the UL symbol and the special symbol)).
Regarding claim 14, Rudolf modified by Hosseini teaches The method of claim 13, as is described above.
Rudolf further teaches further comprising: determining a first spatial relation for the first UL transmission according to the first spatial relation information, in response to the first UL transmission overlapping with the UL symbol ([0006], [0099], [0149]-[0150] the UE will determine the spatial relation for UL transmission based on the indication in the xdd-config of a first spatial relation setting (determine the first spatial relation for the first UL transmission according to the first spatial relation information) and a second spatial relation setting, where the UE transmits the PUCCH in the slot on the cell (in response to the UL transmission overlapping with the UL symbol)).
Regarding claim 15, Rudolf modified by Hosseini teaches The method of claim 13, as is described above.
Rudolf further teaches further comprising: determining a second spatial relation for the first UL transmission according to the second spatial relation information, in response to the first UL transmission overlapping with the special symbol ([0006], [0099], [0149]-[0150] the UE will determine the spatial relation for UL transmission based on the indication in the xdd-config of a first spatial relation setting and a second spatial relation setting (determine the second spatial relation for the first UL transmission according to the second spatial relation information), where the UE transmits the PUCCH in the slot on the cell (in response to the UL transmission overlapping with the UL symbol)).
Regarding claim 16, Rudolf modified by Hosseini teaches The method of claim 13, as is described above.
Rudolf does not appear to explicitly teach further comprising:
disabling performing the first UL transmission in the special symbol, in response to a second UL transmission overlapping with the first UL transmission in time;
wherein the first UL transmission comprises a first PUCCH with the first priority index being a second value, and the second UL transmission comprises a second PUCCH with a second priority index being a first value.
However, Hosseini does teach disabling performing the first UL transmission in the special symbol, in response to a second UL transmission overlapping with the first UL transmission in time ([0091] UE will not perform the transmission when it identifies uplink or flexible symbols overlapping between the MCG and the SCG);
wherein the first UL transmission comprises a first PUCCH with the first priority index being a second value, and the second UL transmission comprises a second PUCCH with a second priority index being a first value ([0081]-[0082], [0084]-[0085], and [0091] the UE prioritizes transmissions of PUCCH on the primary cell MCG (priority index of a first value) over transmissions on the secondary cell SCG (priority index of a second value), and the UE will abstain from performing the uplink transmission on the SCG (first transmission with first priority index being second value) when it identifies uplink or flexible symbols overlapping with the symbol of the MCG that is for UL transmission (second UL transmission comprising second PUCCH with priority index being first value)).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there are different prioritizations based on the transmission being for the MCG or the SCG. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Regarding claim 17, Rudolf modified by Hosseini teaches The method of claim 16, as is described above.
Rudolf does not appear to explicitly teach further comprising:
performing the second UL transmission in the special symbol.
However, Hosseini does teach performing the second UL transmission in the special symbol ([0091] the flexible symbol (special symbol) of the MCG is designated for uplink transmission).
Rudolf and Hosseini are considered to be analogous to the claimed invention, as they are both in the same field of configuring uplink transmissions. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf to include the teachings of Hosseini where there are different prioritizations based on the transmission being for the MCG or the SCG. The rationale behind this would be to provide improved quality and reliability of service at the UE ([0120] Hosseini).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Rudolf et al (US 20230292294 A1), Hosseini et al (US 20200229103 A1), and further in view of Islam et al (US 20240178946 A1).
Regarding claim 18, Rudolf modified by Hosseini teaches The method of claim 16, as is described above.
Rudolf modified by Hosseini does not appear to explicitly teach further comprising:
multiplexing a first of the first PUCCH and a second UCI of the second PUCCH in a third PUCCH with a third priority index being the first value; and
performing a third UL transmission, wherein the third UL transmission comprises the third PUCCH.
However, Islam does teach multiplexing a first of the first PUCCH and a second UCI of the second PUCCH in a third PUCCH with a third priority index being the first value ([0144] UE multiplexes HARQ-ACK and/or SR bits from a first PUCCH with a low priority and HARQ-ACK and/or SR bits from a second PUCCH with a high priority together in a third PUCCH based on the configuration of the second PUCCH with the high priority (third priority index being the first value of higher priority)); and
performing a third UL transmission, wherein the third UL transmission comprises the third PUCCH ([0144] UE transmits the third PUCCH (third UL transmission comprising the third PUCCH)).
Rudolf, Hosseini, and Islam are considered to be analogous to the claimed invention, as they are all in the same field of configuring PUCCHs for transmission. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Rudolf/Hosseini to include the teachings of Islam where there are two PUCCHs of different priority that are multiplexed together on a third PUCCH. The rationale behind this would be to help enhance system spectral efficiency and scheduling flexibility ([0056] Islam).
Conclusion
The following is prior art made of record and not relied upon but is considered to be pertinent to Applicant’s disclosure:
US 20240284460 A1 to Abdelghaffar et al teaches receiving from a network entity a first configuration of PUCCH for sub-band full duplex symbols including DL or flexible symbols with a configured UL sub-band ([Fig. 23] Abdelghaffar).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM JOEL CERLANEK whose telephone number is (703)756-1272. The examiner can normally be reached 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached at (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.J.C./Examiner, Art Unit 2478
/JAY L VOGEL/Primary Examiner, Art Unit 2478