DETAILED ACTION
This office action response to the communication filed on 9/19/2024.
Claims 1-20 are presented for examination.
Notice of 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 statements (lDSs) submitted on June 8, 2026; and November 09, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C.
119(a)-(d), which papers have been placed of record in the file.
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 of this title, 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.
Claims 1, 4-8, 11-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over YEO et al. (U.S. Patent Application Publication No. 20220070898 A1), (“D1”, hereinafter), in view of Lu et al. (U.S. Patent Application Publication No. 2020/0037245 A1), (“D2”, hereinafter).
As per Claim 1, D1 discloses a first node for wireless communications ([see, [0226], and Fig. 12, a terminal for downlink reception]), comprising:
a first receiver, receiving a first signaling, the first signaling being used to schedule a first PDSCH ([see, [0228], and Fig. 12, terminal may decode DCI received through PDCCH and check whether PDSCH scheduled by the DCI satisfies]);
determining whether to process the first PDSCH according to a first condition set (Fig. 8 at [8-03]) ([see, [0228], and Fig. 8, 12, terminal may determine at 1220 whether PDSCH scheduled by the DCI satisfies the instantaneous data rate condition]);
when the first condition set is satisfied, processing the first PDSCH ([see, [0234] If the instantaneous data rate condition is satisfied, the terminal may perform an operation of receiving the scheduled PDSCH at 1330]);
when the first condition set is not satisfied, determining whether to process the first PDSCH by itself ([see, [0240] If the instantaneous data rate condition is not satisfied, the terminal may buffer the PDSCH at 1441 and check at 1442 whether a PDSCH resource is punctured]);
wherein the first condition set comprises that an actual data rate (i.e., actual data rate) is not greater than a target reference data rate (i.e., peak data rate) ([see, [0011, 0155-0157], and Fig. 8, 12, wherein the device for scheduling so as not to exceed the maximum data rate supported by the terminal, the base station to perform scheduling so that the actual instantaneous data rate is smaller than the maximum data rate of the terminal]);
the actual data rate is related to a number of bit(s) in a bit block in the first PDSCH ([see, [0133], wherein the actual average data rate of the terminal at a specific time point may be determined by considering the sum of the total number of bits of the TB or CB included in the PDSCH]);
D1 doesn’t appear explicitly disclose: when a second condition set is satisfied, the target reference data rate is a first reference data rate, and the first reference data rate is configurable or UE-capability related; when a second condition set is not satisfied, the target reference data rate is a second reference data rate, and the second reference data rate is configurable or UE-capability related.
However, D2 discloses when a second condition set is satisfied ([see, [0351, 0355], and 16, the condition a rule enable restricted]), the target reference data rate is a first reference data rate and the first reference data rate is configurable or UE-capability related ([see, [0352-0356], and 16, wherein set to enable or disable the restriction according to the rule, the restriction is set to enable and PDSCH is received in N1 consecutive slots in a bandwidth part and/or a cell, the UE and gNB could switch to disable the restriction]);
when a second condition set is not satisfied ([see, [0351, 0355], and 16, the condition a rule disabled restricted]), the target reference data rate is a second reference data rate, and the second reference data rate is configurable or UE-capability related ([see, [0353-0356, 0341, 0350], and 16, wherein set to enable or disable the restriction according to the rule, when the restriction is set to disable and no PDSCH is received in N2 consecutive slots in a bandwidth part and/or a cell, the UE and gNB could switch to enable the restriction]);
the second condition set (restricted condition) is related to a transmission bandwidth of a PDSCH ([see, [0341, 0350], PDSCH is later than a (specific) symbol, frequency domain resource allocation may not be restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claim 14, is the method claim corresponding to the apparatus claim 1 that has been rejected above. Applicant attention is directed to the rejection of claim 1. Claim 14 is anticipated by method being performed by the apparatus above and therefore is rejected under the same rational as claim 1.
As per Claims 4, 17, D1 appears to be silent to the instant claim, and D2 further discloses wherein the second reference data rate is associated with a maximum transmission bandwidth configuration or a maximum bandwidth supported in a given band or a band combination ([see, [0341, 0350], and Fig. 16, resource allocation may not be restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claims 5, 18, D1 further discloses wherein the second condition set is related to a transmission bandwidth of a PDSCH, comprising: the second condition set (restricted condition) is related to a maximum transmission bandwidth of a PDSCH ([see, [0340-0341], and Fig. 16, restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claims 6, 19, D1 further discloses wherein the second condition set (restricted condition) is comprises: for a component carrier corresponding to the first PDSCH or a serving cell where the first PDSCH is located, a maximum transmission bandwidth of a PDSCH is configured ([see, [0340-0341], and Fig. 16, restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claims 7, 20, D1 appears to be silent to the instant claim, and D2 further discloses wherein when the second condition set is satisfied: for a band or a band combination where the first PDSCH is located in frequency domain, a supported maximum transmission bandwidth of a PDSCH is less than a maximum bandwidth supported ([see, [0341, 0350], and Fig. 16, resource allocation may not be restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claim 8, D1 discloses a second node for wireless communications ([see, [0277], and Fig. 10, a base station transmitter]), comprising:
a second transmitter, transmitting a first signaling, the first signaling being used to schedule a first PDSCH ([see, [0228, 0277], and Fig. 12, wherein base station transmitter, terminal may decode DCI received through PDCCH and check whether PDSCH scheduled by the DCI satisfies]);
a receiving end of the first signaling determining whether to process the first PDSCH according to a first condition (Fig. 8 at [8-03]) set ([see, [0228], and Fig. 8, 12, terminal may determine at 1220 whether PDSCH scheduled by the DCI satisfies the instantaneous data rate condition]);
when the first condition set is satisfied, processing the first PDSCH ([see, [0234] If the instantaneous data rate condition is satisfied, the terminal may perform an operation of receiving the scheduled PDSCH at 1330]);
when the first condition set is not satisfied, determining whether to process the first PDSCH by itself ([see, [0240] If the instantaneous data rate condition is not satisfied, the terminal may buffer the PDSCH at 1441 and check at 1442 whether a PDSCH resource is punctured]);
wherein the first condition set comprises that an actual data rate (i.e., actual data rate) is not greater than a target reference data rate (i.e., peak data rate) ([see, [0011, 0155-0157], and Fig. 8, 12, wherein the device for scheduling so as not to exceed the maximum data rate supported by the terminal, the base station to perform scheduling so that the actual instantaneous data rate is smaller than the maximum data rate of the terminal]);
the actual data rate is related to a number of bit(s) in a bit block in the first PDSCH ([see, [0133], wherein the actual average data rate of the terminal at a specific time point may be determined by considering the sum of the total number of bits of the TB or CB included in the PDSCH]);
D1 doesn’t appear explicitly disclose: when a second condition set is satisfied, the target reference data rate is a first reference data rate, and the first reference data rate is configurable or UE-capability related; when a second condition set is not satisfied, the target reference data rate is a second reference data rate, and the second reference data rate is configurable or UE-capability related.
However, D2 discloses when a second condition set is satisfied ([see, [0351, 0355], and 16, the condition a rule enable restricted]), the target reference data rate is a first reference data rate and the first reference data rate is configurable or UE-capability related ([see, [0353-0356], and 16, wherein set to enable or disable the restriction according to the rule, the restriction is set to enable and PDSCH is received in N1 consecutive slots in a bandwidth part and/or a cell, the UE and gNB could switch to disable the restriction]);
when a second condition set is not satisfied ([see, [0351, 0355], and 16, the condition a rule disabled restricted]), the target reference data rate is a second reference data rate, and the second reference data rate is configurable or UE-capability related ([see, [0353-0356, 0341], and 16, wherein set to enable or disable the restriction according to the rule, when the restriction is set to disable and no PDSCH is received in N2 consecutive slots in a bandwidth part and/or a cell, the UE and gNB could switch to enable the restriction]);
the second condition set (restricted condition) is related to a transmission bandwidth of a PDSCH ([see, [0341], PDSCH is later than a (specific) symbol, frequency domain resource allocation may not be restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claim 11, D1 and D2 disclose the second node according to claim 10, and D1 appears to be silent to the instant claim, and D2 further discloses wherein the second reference data rate is associated with a maximum transmission bandwidth configuration or a maximum bandwidth supported in a given band or a band combination ([see, [0341, 0350], and Fig. 16, resource allocation may not be restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claim 12, D1 and D2 disclose the second node according to claim 11, and D1 further discloses wherein the second condition set is related to a transmission bandwidth of a PDSCH, comprising: the second condition set is related to a maximum transmission bandwidth of a PDSCH ([see, [0340-0341, 0350], and Fig. 16, restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
As per Claim 13, D1 and D2 disclose the second node according to claim 12, and D1 appears to be silent to the instant claim, and D2 further discloses wherein when the second condition set is satisfied: for a band or a band combination where the first PDSCH is located in frequency domain, a supported maximum transmission bandwidth of a PDSCH is less than a maximum bandwidth supported ([see, [0341, 0350], and Fig. 16, resource allocation may not be restricted to part of active bandwidth part, e.g. frequency resource allocation could be done for the whole or entire active bandwidth part]).
In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide comparing the data transmit rate and the reference data transmit rate results improve the signal-to-noise ratio of forward links for the different access terminals (D2, [0029]).
Claims 2, 3, 9, 10, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over D1, in view of D2, and further in view of Nimbalker et al. (U.S. Patent Application Publication No. 20220345264), (“D3”, hereinafter).
As per Claims 2, 15, D1 appears to be silent to the instant claim, and D1 doesn’t appear explicitly disclose: wherein the first reference data rate is equal to a ratio of the second reference data rate to a first scaling factor, and the first scaling factor is a positive number larger than 1.
However, D3 discloses wherein the first reference data rate is equal to a ratio of the second reference data rate to a first scaling factor, and the first scaling factor is a positive number larger than 1 ([see, the reference data rate may be based on a UE capability signaling. In a particular embodiment, the reference data rate may be based on at least one or more of a supported modulation order, a number of layers, a bandwidth, and/or a scaling factor]).
In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide schedule transmissions results improve the UE transmission capability (D3, [0153]]).
As per Claims 3, 16, D1 appears to be silent to the instant claim, and D1 doesn’t appear explicitly disclose: wherein the first reference data rate is associated with a maximum transmission bandwidth of a PDSCH.
However, D3 discloses wherein the first reference data rate is associated with a maximum transmission bandwidth of a PDSCH ([see, [0129], the reference data rate may be based on a UE capability maximum signaling, and at least one or more of a supported modulation order, a number of layers, a bandwidth of the UE]).
In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide schedule transmissions results improve the UE transmission capability (D3, [0153]]).
As per Claim 9, D1 and D2 disclose the second node according to claim 8, and D1 doesn’t appear explicitly disclose: wherein the first reference data rate is equal to a ratio of the second reference data rate to a first scaling factor, and the first scaling factor is a positive number larger than 1.
However, D3 discloses wherein the first reference data rate is equal to a ratio of the second reference data rate to a first scaling factor, and the first scaling factor is a positive number larger than 1 ([see, the reference data rate may be based on a UE capability signaling. In a particular embodiment, the reference data rate may be based on at least one or more of a supported modulation order, a number of layers, a bandwidth, and/or a scaling factor]).
In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide schedule transmissions results improve the UE transmission capability (D3, [0153]]).
As per Claim 10, D1 and D2 disclose the second node according to claim 8, and D1 doesn’t appear explicitly disclose: wherein the first reference data rate is associated with a maximum transmission bandwidth of a PDSCH.
However, D3 discloses wherein the first reference data rate is associated with a maximum transmission bandwidth of a PDSCH ([see, [0129], the reference data rate may be based on a UE capability maximum signaling, and at least one or more of a supported modulation order, a number of layers, a bandwidth of the UE]).
In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide schedule transmissions results improve the UE transmission capability (D3, [0153]]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU BELETE whose telephone number is (571)272-3478. The examiner can normally be reached on Monday-Friday 7:30am-5pm, Alt. Friday, and EDT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEONG, MOO R. can be reached on (571) 272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERHANU D BELETE/
Examiner, Art Unit 2468
/WUTCHUNG CHU/Primary Examiner, Art Unit 2418
