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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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 9 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 and 9 of U.S. Patent No. 10193665. Although the claims at issue are not identical, they are not patentably distinct from each other because US 10193665 discloses methods, and a user equipment device with all of the claimed limitations as required in the current application.
Current Application
US 10193665
1. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtaining, at the user device, a second measurement using a second CSI-RS sub-resource; deriving a single CSI-process based on the first and the second measurements; and reporting said CSI-process to the base station.
1. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtaining, at the user device, a second measurement using a second CSI-RS sub-resource; deriving a single CSI-process based on the first and the second measurements; reporting said CSI-process to the base station; and receiving a message from the base station configuring the first and second CSI-RS sub-resources corresponding to said single CSI-process to be reported by the user device.
9. A user equipment device, comprising: a processor circuit configured to: obtain a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtain a second measurement using a second CSI-RS sub-resource; derive a single CSI-process based on the first and the second measurements; and report said CSI-process to a base station.
5. A user equipment device, comprising: a processor circuit configured to: obtain a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtain a second measurement using a second CSI-RS sub-resource; derive a single CSI-process based on the first and the second measurements; report said CSI-process to a base station; and receive a message from the base station configuring the first and second CSI-RS sub-resources corresponding to said single CSI-process to be reported by the user device.
18. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a plurality of measurements for each of a plurality of channel state information reference signal (CSI-RS) sub-resources; deriving a single CSI-process based on the plurality of measurements; and reporting said CSI-process to the base station.
9. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a plurality of measurements for each of a plurality of channel state information reference signal (CSI-RS) sub-resources; deriving a single CSI-process based on the plurality of measurements; reporting said CSI-process to the base station; and receiving a message from the base station configuring the plurality of CSI-RS sub-resources corresponding to said single CSI-process to be reported by the user device.
It is clear that all the elements of the application claims 1, 9 and 18 are to be found in patent claims 1, 5 and 9 (as the application claims 1, 9 and 18 fully encompasses patent claims 1, 5 and 9). The difference between the application claims 1, 9 and 18 and the patent claims 1, 5 and 9 lies in the fact that the patent claims include more elements and are thus much more specific. Thus the invention of claims 1, 5 and 9 of the patent is in effect a “species” of the “generic” invention of the application claims 1, 9 and 18. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 1, 9 and 18 are anticipated by claims 1, 5 and 9 of the patent, they are not patentably distinct from claims 1, 5 and 9 of the patent.
Claims 6-8 and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 10193665 in view of Nam et al. (US 2013/0258964, hereafter Nam). Nam is cited by Applicant in IDS filed 1/28/2019.
U.S. Patent No. 10193665 does not disclose the claimed limitations of “the first measurement and the second measurement are used to report on one CSI-process” as recited in claims 6 and 14, “the first CSI-RS sub-resource is associated with a first set of antenna ports at the base station, and wherein the second CSI-RS sub-resource is associated with a second set of antenna ports at the base station" as recited in claims 7 and 15, and “the first CSI-RS sub-resource is used to report CSI for antenna ports in the horizontal axis and the second CSI-RS sub-resource is used to report CSI for antenna ports in the vertical axis” as recited in claims 8 and 16.
Regarding dependent claims 6 and 14, Nam discloses the first measurement and the second measurement ([0093], the at least two sets of CSI-RS) are used ([0093], by “receiving and processing” (hence by using) the at least two sets of CSI-RS) to report ([0093], UE 116 derives and “feeds back” (hence “report to the base station”) “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated by receiving and processing the at least two sets of CSI-RS) on one CSI-process ([0068], UE 116 in transmission mode 10 can be “configured” (hence “derived”) with “one … CSI processes” per serving cell by higher layers; [0107], The resource configurations (resourceConfig) and AntennaPortsCount for A-CSI-RS and B-CSI-RS can be … jointly (hence “single” CSI-process) configured).
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify the first and second measurements of the claims 1 and 5 of the patent to be used to report on one CSI-process as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090] Embodiments of the present disclosure illustrate CSI-RS designs and associated configuration methods to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array.).
Regarding dependent claims 7 and 15, Nam discloses the first CSI-RS sub-resource is associated with ([0093], TP 400 is capable of transmitting at least “two sets of CSI-RS APs”, and the network is capable of configuring the “at least two sets of CSI-RS APs” to each UE, wherein UE 116 derives and feeds back horizontal CSI (H-CSI) and vertical CSI (V-CSI) estimated by receiving and processing the at least two sets of CSI-RS) a first set of antenna ports at the base station ([0093], two sets of CSI-RS APs; hence one of two sets of CSI-RS APs (Antenna Ports) is the first set of antenna ports), and wherein the second CSI-RS sub-resource is associated with a second set of antenna ports at the base station ([0093], two sets of CSI-RS APs; hence one of two sets of CSI-RS APs (Antenna Ports) is the second set of antenna ports).
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify the first and second CSI-RS sub-resources of the claims 1 and 5 of the patent to be respectively associated with a first and second sets of antenna ports as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090] Embodiments of the present disclosure illustrate CSI-RS designs and associated configuration methods to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array.).
Regarding dependent claims 8 and 16, Nam further discloses the first CSI-RS sub-resource ([0139], the horizontal CSI-RS APs 910) is used ([0139], the horizontal CSI-RS APs 910 are used for UEs' horizontal CSI (H-CSI) estimation) to report CSI for antenna ports in the horizontal axis ([0139], horizontal CSI (H-CSI) and the second CSI-RS sub-resource used ([0139], the vertical CSI-RSAPs 905) is used ([0139], the vertical CSI-RSAPs 905 is used for UEs' vertical CSI (V-CSI) estimation) to report CSI for antenna ports in the vertical axis ([0139], vertical CSI (V-CSI)).
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify the first and second CSI-RS sub-resources of the claims 1 and 5 of the patent to be respectively used to report CSI for antenna ports in the horizontal axis and the vertical axis as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090] Embodiments of the present disclosure illustrate CSI-RS designs and associated configuration methods to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array.).
Claims 1-16 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 10917881 in view of Nam et al. (US 2013/0258964, hereafter Nam). The pending claims are an obvious variation of the patented claims as both sets of claims are directed to CSI-RS measurement and sending the measurement result to a bases station. To establish the double patenting rejection pending independent claim 1 is rejected as being obvious under the combination of Patent ‘881 claim 1 and Nam is shown below as an example.
Patent ‘881 teaches, obtaining, at the user device, a second measurement using a second CSI-RS sub-resource; deriving a single CSI-process based on the first and the second measurements; and reporting said CSI-process to the base station(claim 1, determining, by the UE, channel state information (CSI) for the CSI process based on CSI-RSs corresponding to the first and second CSI-RS resources; and transmitting, by the UE, the CSI)
Patent ‘881 does not disclose the claimed limitations of “obtaining, at the user device, a first measurement using a first channel state information reference signal (CSI-RS) sub-resource ".
Nam discloses a method for providing channel state information (CSI) feedback ([0097], H-PMI, V-PMI, H-CQI, V-CQI, joint CQI) between a base station (Fig.1, 101-103) and a user device (Fig.6, UE 114-116), comprising:
obtaining, at the user device, a first measurement ([0093], UE 116 derives and feeds back “horizontal CSI (H-CSI)” … “estimated” (hence “a first measurement” was “obtained”) by receiving and processing the at least two sets of CSI-RS) using a first channel state information reference signal (CSI-RS) sub-resource ([0093], at least two sets of CSI-RS; hence one of at least two sets is a first CSI-RS sub-resource);
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify Patent’881 as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090]).
Claims 2-16 and 18 of the instant application are similarly rejected as being unpatentable over claims 2-16 of the Patent ‘262.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 2-5, 10-13 and 19-20 is/are rejected under 35 U.S.C. 101 as respectively claiming the same invention as that of claims 1-10 of prior U.S. Patent No. 10193665. This is a statutory double patenting rejection.
Current Application
US 10193665
1. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtaining, at the user device, a second measurement using a second CSI-RS sub-resource; deriving a single CSI-process based on the first and the second measurements; and reporting said CSI-process to the base station.
2. The method of claim 1, further comprising: receiving a message from the base station configuring the first and second CSI-RS sub- resources corresponding to said single CSI-process to be reported by the user device.
1. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtaining, at the user device, a second measurement using a second CSI-RS sub-resource; deriving a single CSI-process based on the first and the second measurements; reporting said CSI-process to the base station; and receiving a message from the base station configuring the first and second CSI-RS sub-resources corresponding to said single CSI-process to be reported by the user device.
3. The method of claim 2, wherein the message from the base station comprises a configuration of the first CSI-RS sub-resource and a separate configuration of the second CSI- RS sub-resource; and the configuration of each CSI-RS sub-resource comprises, for the corresponding CSI-RS sub-resource, at least a CSI-RS sub-resource index, a periodicity, and an offset.
2. The method of claim 1, wherein the message from the base station comprises a configuration of the first CSI-RS sub-resource and a separate configuration of the second CSI-RS sub-resource; and the configuration of each CSI-RS sub-resource comprises, for the corresponding CSI-RS sub-resource, at least a CSI-RS sub-resource index, a periodicity, and an offset.
4. The method of claim 3, wherein a periodicity of the first CSI-RS sub-resource is larger than a periodicity of the second CSI-RS sub-resource.
3. The method of claim 2, wherein a periodicity of the first CSI-RS sub-resource is larger than a periodicity of the second CSI-RS sub-resource.
5. The method of claim 3, wherein a periodicity of the first CSI-RS sub-resource is configured as N times of a periodicity of the second CSI-RS sub-resource, wherein N is an integer greater than or equal to 1.
4. The method of claim 2, wherein a periodicity of the first CSI-RS sub-resource is configured as N times of a periodicity of the second CSI-RS sub-resource, wherein N is an integer greater than or equal to 1.
9. A user equipment device, comprising: a processor circuit configured to: obtain a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtain a second measurement using a second CSI-RS sub-resource; derive a single CSI-process based on the first and the second measurements; and report said CSI-process to a base station.
10. The user equipment device of claim 9, further configured to: receive a message from the base station configuring the first and second CSI-RS sub- resources corresponding to said single CSI-process to be reported by the user device.
5. A user equipment device, comprising: a processor circuit configured to: obtain a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtain a second measurement using a second CSI-RS sub-resource; derive a single CSI-process based on the first and the second measurements; report said CSI-process to a base station; and receive a message from the base station configuring the first and second CSI-RS sub-resources corresponding to said single CSI-process to be reported by the user device.
11. The user equipment device of claim 10, wherein the message from the base station comprises a configuration of the first CSI-RS sub-resource and a separate configuration of the second CSI-RS sub-resource; and the configuration of each CSI-RS sub-resource comprises, for the corresponding CSI-RS sub-resource, at least a CSI-RS sub-resource index, a periodicity, and an offset.
6. The user equipment device of claim 5, wherein the message from the base station comprises a configuration of the first CSI-RS sub-resource and a separate configuration of the second CSI-RS sub-resource; and the configuration of each CSI-RS sub-resource comprises, for the corresponding CSI-RS sub-resource, at least a CSI-RS sub-resource index, a periodicity, and an offset.
12. The user equipment device of claim 11, wherein a periodicity of the first CSI-RS sub- resource is larger than a periodicity of the second CSI-RS sub-resource.
7. The user equipment device of claim 6, wherein a periodicity of the first CSI-RS sub-resource is larger than a periodicity of the second CSI-RS sub-resource.
13. The user equipment device of claim 11, wherein a periodicity of the first CSI-RS sub- resource is configured as N times of a periodicity of the second CSI-RS sub-resource, wherein N is an integer greater than or equal to 1.
8. The user equipment device of claim 6, wherein a periodicity of the first CSI-RS sub-resource is configured as N times of a periodicity of the second CSI-RS sub-resource, wherein N is an integer greater than or equal to 1.
18. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a plurality of measurements for each of a plurality of channel state information reference signal (CSI-RS) sub-resources; deriving a single CSI-process based on the plurality of measurements; and reporting said CSI-process to the base station.
19. The method of claim 18, further comprising: receiving a message from the base station configuring the plurality of CSI-RS sub- resources corresponding to said single CSI-process to be reported by the user device.
9. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising: obtaining, at the user device, a plurality of measurements for each of a plurality of channel state information reference signal (CSI-RS) sub-resources; deriving a single CSI-process based on the plurality of measurements; reporting said CSI-process to the base station; and receiving a message from the base station configuring the plurality of CSI-RS sub-resources corresponding to said single CSI-process to be reported by the user device.
20. The method of claim 19, wherein the message from the base station comprises a configuration of the plurality of CSI-RS sub-resources; and wherein the configuration of each CSI-RS sub-resource comprises at least a CSI-RS sub-resource index, a periodicity, and an offset.
10. The method of claim 9, wherein the message from the base station comprises a configuration of the plurality of CSI-RS sub-resources; and wherein the configuration of each CSI-RS sub-resource comprises at least a CSI-RS sub-resource index, a periodicity, and an offset.
Claims 1, 9 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 and 9 of U.S. Patent No. 12101777. Although the claims at issue are not identical, they are not patentably distinct from each other because US 12101777 discloses methods, and a user equipment device with all of the claimed limitations as required in the current application.
Current Application
US 12101777
1. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising:
obtaining, at the user device, a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtaining, at the user device, a second measurement using a second CSI-RS sub-resource; deriving a single CSI-process based on the first and the second measurements; and reporting said CSI-process to the base station.
1. A method for providing channel state information (CSI) feedback, comprising:
receiving, at a user device, a message configuring first and second CSI-RS sub-resources corresponding to a single CSI process;
obtaining, at the user device, a first measurement using the first CSI-RS sub-resource;
obtaining, at the user device, a second measurement using the second CSI-RS sub-resource;
deriving a single CSI-process based on the first and the second measurements; and
reporting the CSI-process..
9. A user equipment device, comprising: a processor circuit configured to:
obtain a first measurement using a first channel state information reference signal (CSI-RS) sub-resource; obtain a second measurement using a second CSI-RS sub-resource; derive a single CSI-process based on the first and the second measurements; and report said CSI-process to a base station.
9. A user equipment device, comprising: a processor circuit configured to:
receive a message configuring first and second CSI-RS sub-resources corresponding to a single CSI process;
obtain a first measurement using the first CSI-RS sub-resource;
obtain a second measurement using the second CSI-RS sub-resource;
derive a single CSI-process based on the first and the second measurements; and
report the CSI-process.
18. A method for providing channel state information (CSI) feedback between a base station and a user device, comprising:
obtaining, at the user device, a plurality of measurements for each of a plurality of channel state information reference signal (CSI-RS) sub-resources; deriving a single CSI-process based on the plurality of measurements; and reporting said CSI-process to the base station.
9. A user equipment device, comprising: a processor circuit configured to:
receive a message configuring first and second CSI-RS sub-resources corresponding to a single CSI process;
obtain a first measurement using the first CSI-RS sub-resource;
obtain a second measurement using the second CSI-RS sub-resource;
derive a single CSI-process based on the first and the second measurements; and
report the CSI-process..
It is clear that all the elements of the application claims 1, 9 and 18 are to be found in patent claims 1 and 9 (as the application claims 1, 9 and 18 fully encompasses patent claims 1, and 9). The difference between the application claims 1, 9 and 18 and the patent claims 1 and 9 lies in the fact that the patent claims include more elements and are thus much more specific. Thus the invention of claims 1 and 9 of the patent is in effect a “species” of the “generic” invention of the application claims 1, 9 and 18. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 1, 9 and 18 are anticipated by claims 1 and 9 of the patent, they are not patentably distinct from claims 1 and 9 of the patent.
Claims 6-8 and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 12101777 in view of Nam et al. (US 2013/0258964, hereafter Nam). Nam is cited by Applicant in IDS filed 1/28/2019.
U.S. Patent No. 12101777 does not disclose the claimed limitations of “the first measurement and the second measurement are used to report on one CSI-process” as recited in claims 6 and 14, “the first CSI-RS sub-resource is associated with a first set of antenna ports at the base station, and wherein the second CSI-RS sub-resource is associated with a second set of antenna ports at the base station" as recited in claims 7 and 15, and “the first CSI-RS sub-resource is used to report CSI for antenna ports in the horizontal axis and the second CSI-RS sub-resource is used to report CSI for antenna ports in the vertical axis” as recited in claims 8 and 16.
Regarding dependent claims 6 and 14, Nam discloses the first measurement and the second measurement ([0093], the at least two sets of CSI-RS) are used ([0093], by “receiving and processing” (hence by using) the at least two sets of CSI-RS) to report ([0093], UE 116 derives and “feeds back” (hence “report to the base station”) “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated by receiving and processing the at least two sets of CSI-RS) on one CSI-process ([0068], UE 116 in transmission mode 10 can be “configured” (hence “derived”) with “one … CSI processes” per serving cell by higher layers; [0107], The resource configurations (resourceConfig) and AntennaPortsCount for A-CSI-RS and B-CSI-RS can be … jointly (hence “single” CSI-process) configured).
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify the first and second measurements of the claims 1 and 5 of the patent to be used to report on one CSI-process as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090] Embodiments of the present disclosure illustrate CSI-RS designs and associated configuration methods to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array.).
Regarding dependent claims 7 and 15, Nam discloses the first CSI-RS sub-resource is associated with ([0093], TP 400 is capable of transmitting at least “two sets of CSI-RS APs”, and the network is capable of configuring the “at least two sets of CSI-RS APs” to each UE, wherein UE 116 derives and feeds back horizontal CSI (H-CSI) and vertical CSI (V-CSI) estimated by receiving and processing the at least two sets of CSI-RS) a first set of antenna ports at the base station ([0093], two sets of CSI-RS APs; hence one of two sets of CSI-RS APs (Antenna Ports) is the first set of antenna ports), and wherein the second CSI-RS sub-resource is associated with a second set of antenna ports at the base station ([0093], two sets of CSI-RS APs; hence one of two sets of CSI-RS APs (Antenna Ports) is the second set of antenna ports).
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify the first and second CSI-RS sub-resources of the claims 1 and 5 of the patent to be respectively associated with a first and second sets of antenna ports as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090] Embodiments of the present disclosure illustrate CSI-RS designs and associated configuration methods to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array.).
Regarding dependent claims 8 and 16, Nam further discloses the first CSI-RS sub-resource ([0139], the horizontal CSI-RS APs 910) is used ([0139], the horizontal CSI-RS APs 910 are used for UEs' horizontal CSI (H-CSI) estimation) to report CSI for antenna ports in the horizontal axis ([0139], horizontal CSI (H-CSI) and the second CSI-RS sub-resource used ([0139], the vertical CSI-RSAPs 905) is used ([0139], the vertical CSI-RSAPs 905 is used for UEs' vertical CSI (V-CSI) estimation) to report CSI for antenna ports in the vertical axis ([0139], vertical CSI (V-CSI)).
It would have been obvious to a person of ordinary skill in the art at the time the invention was filed to modify the first and second CSI-RS sub-resources of the claims 1 and 5 of the patent to be respectively used to report CSI for antenna ports in the horizontal axis and the vertical axis as taught by Nam, in order to configure the at least two sets of CSI-RS to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array ([0090] Embodiments of the present disclosure illustrate CSI-RS designs and associated configuration methods to be used in the wireless communication networks (e.g., cellular networks) having TPs equipped with 2D active antenna array.).
Claim Objections
Claims 16 and 18-20 are objected to under 37 CFR 1.75(f) as being in improper form because the numbering of claims is not consecutive. For the purpose of examination, claim 17 is treated as being cancelled.
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, 6-9, 14-16 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nam et al. (US 2013/0258964, hereafter Nam). Nam is cited by Applicant in IDS filed 1/28/2019.
Regarding independent claim 1, Nam discloses a method for providing channel state information (CSI) feedback ([0097], H-PMI, V-PMI, H-CQI, V-CQI, joint CQI) between a base station (Fig.1, 101-103) and a user device (Fig.6, UE 114-116), comprising:
obtaining, at the user device, a first measurement ([0093], UE 116 derives and feeds back “horizontal CSI (H-CSI)” … “estimated” (hence “a first measurement” was “obtained”) by receiving and processing the at least two sets of CSI-RS) using a first channel state information reference signal (CSI-RS) sub-resource ([0093], at least two sets of CSI-RS; hence one of at least two sets is a first CSI-RS sub-resource);
obtaining, at the user device, a second measurement ([0093], UE 116 derives and feeds back … “vertical CSI (V-CSI)” “estimated” (hence “a second measurement” was “obtained”) by receiving and processing the at least two sets of CSI-RS) using a second CSI-RS sub-resource ([0093], at least two sets of CSI-RS; hence one of at least two sets is a second CSI-RS sub-resource);
deriving a single CSI-process ([0068], UE 116 in transmission mode 10 can be “configured” (hence “derived”) with “one … CSI processes” per serving cell by higher layers; [0107], The resource configurations (resourceConfig) and AntennaPortsCount for A-CSI-RS and B-CSI-RS can be … jointly (hence “single” CSI-process) configured) based on the first and the second measurements ([0123], (A-CSI-RS, B-CSI-RS) can be (H-CSI-RS, V-CSI-RS); hence based on the first and the second measurements); and
reporting said CSI-process to the base station ([0093], UE 116 derives and “feeds back” (hence “report to the base station”) “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated by receiving and processing the at least two sets of CSI-RS).
Regarding independent claim 9, Nam discloses a user equipment device (Fig.6, UE 114-116), comprising:
a processor circuit (Fig.3, 315, 325, 340) configured to:
obtaining a first measurement ([0093], UE 116 derives and feeds back “horizontal CSI (H-CSI)” … “estimated” (hence “a first measurement” was “obtained”) by receiving and processing the at least two sets of CSI-RS) using a first channel state information reference signal (CSI-RS) sub-resource ([0093], at least two sets of CSI-RS; hence one of at least two sets is a first CSI-RS sub-resource);
obtaining a second measurement ([0093], UE 116 derives and feeds back … “vertical CSI (V-CSI)” “estimated” (hence “a second measurement” was “obtained”) by receiving and processing the at least two sets of CSI-RS) using a second CSI-RS sub-resource ([0093], at least two sets of CSI-RS; hence one of at least two sets is a second CSI-RS sub-resource);
derive a single CSI-process ([0068], UE 116 in transmission mode 10 can be “configured” (hence “derived”) with “one … CSI processes” per serving cell by higher layers; [0107], The resource configurations (resourceConfig) and AntennaPortsCount for A-CSI-RS and B-CSI-RS can be … jointly (hence “single” CSI-process) configured) based on the first and the second measurements ([0123], (A-CSI-RS, B-CSI-RS) can be (H-CSI-RS, V-CSI-RS); hence based on the first and the second measurements); and
report said CSI-process to a base station ([0093], UE 116 derives and “feeds back” (hence “report to a base station”) “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated by receiving and processing the at least two sets of CSI-RS).
Regarding dependent claims 6 and 14, Nam further discloses the first measurement and the second measurement ([0093], the at least two sets of CSI-RS) are used ([0093], by “receiving and processing” (hence by using) the at least two sets of CSI-RS) to report ([0093], UE 116 derives and “feeds back” (hence “report to the base station”) “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated by receiving and processing the at least two sets of CSI-RS) on one CSI-process ([0068], UE 116 in transmission mode 10 can be “configured” (hence “derived”) with “one … CSI processes” per serving cell by higher layers; [0107], The resource configurations (resourceConfig) and AntennaPortsCount for A-CSI-RS and B-CSI-RS can be … jointly (hence “single” CSI-process) configured).
Regarding dependent claims 7 and 15, Nam further discloses the first CSI-RS sub-resource is associated with ([0093], TP 400 is capable of transmitting at least “two sets of CSI-RS APs”, and the network is capable of configuring the “at least two sets of CSI-RS APs” to each UE, wherein UE 116 derives and feeds back horizontal CSI (H-CSI) and vertical CSI (V-CSI) estimated by receiving and processing the at least two sets of CSI-RS) a first set of antenna ports at the base station ([0093], two sets of CSI-RS APs; hence one of two sets of CSI-RS APs (Antenna Ports) is the first set of antenna ports), and wherein the second CSI-RS sub-resource is associated with a second set of antenna ports at the base station ([0093], two sets of CSI-RS APs; hence one of two sets of CSI-RS APs (Antenna Ports) is the second set of antenna ports).
Regarding dependent claims 8 and 16, Nam further discloses the first CSI-RS sub-resource ([0139], the horizontal CSI-RS APs 910) is used ([0139], the horizontal CSI-RS APs 910 are used for UEs' horizontal CSI (H-CSI) estimation) to report CSI for antenna ports in the horizontal axis ([0139], horizontal CSI (H-CSI) and the second CSI-RS sub-resource used ([0139], the vertical CSI-RSAPs 905) is used ([0139], the vertical CSI-RSAPs 905 is used for UEs' vertical CSI (V-CSI) estimation) to report CSI for antenna ports in the vertical axis used ([0139], vertical CSI (V-CSI)).
Regarding independent claim 18, Nam discloses a method for providing channel state information (CSI) feedback ([0097], H-PMI, V-PMI, H-CQI, V-CQI, joint CQI) between a base station (Fig.1, 101-103) and a user device (Fig.6, UE 114-116), comprising:
obtaining, at the user device, a plurality of measurements ([0093], UE 116 derives and feeds back “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated (hence “a plurality of measurements” were “obtained”) by receiving and processing the at least two sets of CSI-RS) for each of a plurality of channel state information reference signal (CSI-RS) sub-resources ([0093], … estimated by receiving and processing the at least two sets of CSI-RS);
deriving a single CSI-process ([0068], UE 116 in transmission mode 10 can be “configured” (hence “derived”) with “one … CSI processes” per serving cell by higher layers; [0107], The resource configurations (resourceConfig) and AntennaPortsCount for A-CSI-RS and B-CSI-RS can be … jointly (hence “single” CSI-process) configured) based on the plurality of measurements ([0123], (A-CSI-RS, B-CSI-RS); hence based on a plurality of measurements); and
reporting said CSI-process to the base station ([0093], UE 116 derives and “feeds back” (hence “report to the base station”) “horizontal CSI (H-CSI) and vertical CSI (V-CSI)” estimated by receiving and processing the at least two sets of CSI-RS).
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/AWET HAILE/Primary Examiner, Art Unit 2474
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