DETAILED ACTION
Claims status
In response to the application filed on 10/06/2024, claims 1-18 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/06/2024 has been placed in the application file, and the information referred therein has been considered as to the merits.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the invention of the US Patent: 11552759 and 12149472. Although the conflicting claims are not identical, they are not patentably distinct from each other. This is an obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Regarding pending claims 1-18; the claims 1-18 recite limitations substantially the same as in the US Patent: 11552759 and 12149472. These limitations are fully covered by the claims of the US Patent: 11552759 and 12149472.
The compared table below (i.e. underlined claim elements) shows only Example (sample) of how each of these claims are anticipated and mapped by claims such as claims, respectively of the US Patent: 11552759 and 12149472.
Instant Application: 18/917899
US Patent: US11552759B2
1. A base station comprising: a transmitter, which, in operation, transmits a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and a receiver, which, in operation, receives a channel quality indicator (CQI) calculated based on the plurality of CSI-RSs, wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling and which is different from a cell ID.
10. A communication method comprising: transmitting a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and receiving a channel quality indicator (CQI) calculated based on the plurality of CSI-RSs, wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling and which is different from a cell ID.
1. An integrated circuit comprising:
circuitry, which, in operation, controls
receiving a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and
calculating a channel quality indicator (CQI) based on the plurality of CSI-RSs,
wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and
wherein each of the plurality of CSI-RSs is generated based on a value selected from a cell ID and another cell ID indicated by a higher layer signaling.
8. An integrated circuit comprising:
circuitry, which, in operation, controls
receiving a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and
calculating a channel quality indicator (CQI) based on the plurality of CSI-RSs,
wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and
wherein each of the plurality of CSI-RSs is generated based on a value selected from a cell ID and another cell ID indicated by a higher layer signaling.
Instant Application: 18/917899
US Patent: US12149472B2
1. A base station comprising: a transmitter, which, in operation, transmits a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and a receiver, which, in operation, receives a channel quality indicator (CQI) calculated based on the plurality of CSI-RSs, wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling and which is different from a cell ID.
10. A communication method comprising: transmitting a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and receiving a channel quality indicator (CQI) calculated based on the plurality of CSI-RSs, wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling and which is different from a cell ID.
1. A user equipment comprising:
a receiver, which, in operation, receives a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and
circuitry, which, in operation, calculates a channel quality indicator (CQI) based on the plurality of CSI-RSs,
wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and
wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling and which is different from a cell ID.
8. A communication method comprising:
receiving a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations; and
calculating a channel quality indicator (CQI) based on the plurality of CSI-RSs,
wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports, and
wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling and which is different from a cell ID.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time of the claimed invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows: (See MPEP Ch. 2141)
a) Determining the scope and contents of the prior art;
b) Ascertaining the differences between the prior art and the claims in issue;
c) Resolving the level of ordinary skill in the pertinent art; and
d) Evaluating evidence of secondary considerations for indicating obviousness or nonobviousness.
Claims 1, 6, 9, 10, 15, and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Park et al. (US 2013/0094384 A1) in view of QU et al. (US 2012/0176939 A1).
Regarding claim 1, Park teaches a base station apparatus comprising:
a transmitter, which, in operation, transmits a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations (Park- See Fig. 3 and step S301: a base station transmits CSI-RS configuration information to a terminal and, based on the CSI-RS configuration information, transmits CSI-RSs to the terminal. Park further teaches that the CSI-RS configuration information may represent multiple non-zero-power CSI-RS configurations in multiple subframes, and that the base station may transmit CSI-RSs having multiple configurations to the terminal in one or more subframes. See, e.g., Park, “Multiple Non-Zero CSI-RS Configurations in Multiple Subframes. ¶ [0197]-¶ [0199]);
a receiver, which, in operation, receives a channel quality indicator (CQI) calculated based on the plurality of CSI-RSs (See Fig. 3: See steps 301-303, the terminal performs channel measurement using CSI-RSs transmitted from the base station and feeds channel state information resulting from the channel measurement back to the base station. Park teaches that the CSI feedback may include at least one of a CQI, PMI, and RI for all or each of the nodes. Accordingly, the base station receives CQI/CSI feedback determined from channel measurements performed using the transmitted CSI-RSs. ¶ [0200]-¶ [0202]);
wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports (Park- See Fig. 3: in a distributed multi-node system, the number of CSI-RS ports that may be simultaneously transmitted using a single CSI-RS subframe may be insufficient and therefore teaches transmitting multiple CSI-RS configurations through one or more subframes. Park teaches an example in which a total of 20 CSI-RS ports are provided by sequentially transmitting CSI-RSs corresponding to 8 ports, 8 ports, and 4 ports in respective CSI-RS subframes. Thus, Park expressly teaches using multiple CSI-RS configurations collectively for more than eight CSI-RS ports. See ¶ [0179], ¶ [0185] with Table 5 and ¶ [0287]);
wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID (See Fig. 3: the base station generates the CSI-RS sequence using different cell ID subsets according to the terminal feedback type (or CSI-RS purpose). ¶ [0192]) which is indicated by a higher layer signaling and which is different from a cell ID (See Fig. 3: the cell ID means an identifier for a node, which applies to CSI-RS sequence generation, but unlike PCI (Physical Cell Identifier or Cell ID as recited in the claim), does not apply to CRS sequence generation or an identifier for simply distinguishing nodes from each other. ¶ [0193]).
Park, however, does not expressly teach, in the same manner as claimed, “wherein sequences of the CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling.”
However, QU, from the same or similar field of endeavor, further teaches generating and signaling sequences for CSI-RSs (QU-See Figs. 2s and 6: different CSI-RS patterns within a cell may be distinguished using different scrambling codes. QU further teaches that higher-layer signaling, such as RRC signaling, may explicitly indicate a scrambling code used for scrambling CSI-RS symbols of a CSI-RS pattern. QU teaches that the scrambling codes may comprise different initial phases of a pseudo-random sequence, such as a Gold sequence. ¶ [0056]), and using a CSI-RS ID which is indicated by a higher layer signaling (QU- the different scrambling codes/sequences may be generated based on a cell identifier, UE identifier, CSI-RS pattern identifier, antenna-group identifier, configured parameter(s), and/or the like. Thus, QU expressly identifies a CSI-RS pattern identifier as an identifier usable for generation of the CSI-RS scrambling sequence separately from the conventional cell identifier. See ¶ [0056]).
QU additionally teaches providing the UE with reference-signal configuration information identifying the scrambling codes used to transmit the CSI-RSs and teaches modifying the CSI-RS configuration information to support multiple CSI-RS configurations. Therefore, QU teaches or suggests generating CSI-RS sequences using a CSI-RS-specific identifier, rather than the cell identifier, wherein information identifying the CSI-RS scrambling sequence is provided by higher-layer/RRC signaling.
Therefore, 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 provide wherein sequences of the CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling as taught by QU to have incorporated in the system of Park, so that it would provide to distinguish CSI-RSs associated with different CSI-RS configurations/nodes and permit the receiving UE to identify and measure the appropriate CSI-RSs for channel-state feedback. Such modification would have predictably provided distinguishable CSI-RS sequences for Park's multiple CSI-RS configurations while avoiding reliance solely on a common cell identifier. QU: See Abstract and ¶ [0079].
Regarding claims 6 and 15; Park in view of QU the integrated circuit wherein the plurality of CSI-RSs are received from a plurality of transmission points (See Figs. 3-5: the base station, with respect to parameters (1) and (2) (i.e., number of CSI-RS ports and number of CSI-RS configurations), the base station may make configurations to include 1) both cell-specific CSI-RS and node-specific CSI-RS, 2) only cell-specific CSI-RS, or 3) only node-specific CSI-RS, and may then transmit it to the terminal. Para. [0138]) which include a macro node and one or more low power nodes (LPNs) (QU- See Figs. 2-4: the eNodeB may provide CSI-RS muting information to the UE. As noted above, muting involves transmitting nothing (e.g., a zero power transmission) for select resource elements to reduce interference to neighboring cells (i.e., low power nodes). ¶ [0036]).
Regarding claim 10, Park teaches a communication method comprising:
transmitting a plurality of channel state information-reference signals (CSI-RSs) based on one or more CSI-RS configurations (Park- See Fig. 3 and step S301: a base station transmits CSI-RS configuration information to a terminal and, based on the CSI-RS configuration information, transmits CSI-RSs to the terminal. Park further teaches that the CSI-RS configuration information may represent multiple non-zero-power CSI-RS configurations in multiple subframes, and that the base station may transmit CSI-RSs having multiple configurations to the terminal in one or more subframes. See, e.g., Park, “Multiple Non-Zero CSI-RS Configurations in Multiple Subframes. ¶ [0197]-¶ [0199]);
receiving a channel quality indicator (CQI) calculated based on the plurality of CSI-RSs, (See Fig. 3: See steps 301-303, the terminal performs channel measurement using CSI-RSs transmitted from the base station and feeds channel state information resulting from the channel measurement back to the base station. Park teaches that the CSI feedback may include at least one of a CQI, PMI, and RI for all or each of the nodes. Accordingly, the base station receives CQI/CSI feedback determined from channel measurements performed using the transmitted CSI-RSs. ¶ [0200]-¶ [0202]);
wherein two or more CSI-RS configurations are used for more than eight CSI-RS ports (Park- See Fig. 3: in a distributed multi-node system, the number of CSI-RS ports that may be simultaneously transmitted using a single CSI-RS subframe may be insufficient and therefore teaches transmitting multiple CSI-RS configurations through one or more subframes. Park teaches an example in which a total of 20 CSI-RS ports are provided by sequentially transmitting CSI-RSs corresponding to 8 ports, 8 ports, and 4 ports in respective CSI-RS subframes. Thus, Park expressly teaches using multiple CSI-RS configurations collectively for more than eight CSI-RS ports. See ¶ [0179], ¶ [0185] with Table 5 and ¶ [0287]);
wherein sequences of the plurality of CSI-RSs are generated by using a CSI-RS ID (See Fig. 3: the base station generates the CSI-RS sequence using different cell ID subsets according to the terminal feedback type (or CSI-RS purpose). ¶ [0192]) which is indicated by a higher layer signaling and which is different from a cell ID (See Fig. 3: the cell ID means an identifier for a node, which applies to CSI-RS sequence generation, but unlike PCI (Physical Cell Identifier or Cell ID as recited in the claim), does not apply to CRS sequence generation or an identifier for simply distinguishing nodes from each other. ¶ [0193]).
Park, however, does not expressly teach, in the same manner as claimed, “wherein sequences of the CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling.”
However, QU, from the same or similar field of endeavor, further teaches generating and signaling sequences for CSI-RSs (QU-See Figs. 2s and 6: different CSI-RS patterns within a cell may be distinguished using different scrambling codes. QU further teaches that higher-layer signaling, such as RRC signaling, may explicitly indicate a scrambling code used for scrambling CSI-RS symbols of a CSI-RS pattern. QU teaches that the scrambling codes may comprise different initial phases of a pseudo-random sequence, such as a Gold sequence. ¶ [0056]), and using a CSI-RS ID which is indicated by a higher layer signaling (QU- the different scrambling codes/sequences may be generated based on a cell identifier, UE identifier, CSI-RS pattern identifier, antenna-group identifier, configured parameter(s), and/or the like. Thus, QU expressly identifies a CSI-RS pattern identifier as an identifier usable for generation of the CSI-RS scrambling sequence separately from the conventional cell identifier. See ¶ [0056]).
QU additionally teaches providing the UE with reference-signal configuration information identifying the scrambling codes used to transmit the CSI-RSs and teaches modifying the CSI-RS configuration information to support multiple CSI-RS configurations. Therefore, QU teaches or suggests generating CSI-RS sequences using a CSI-RS-specific identifier, rather than the cell identifier, wherein information identifying the CSI-RS scrambling sequence is provided by higher-layer/RRC signaling.
Therefore, 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 provide wherein sequences of the CSI-RSs are generated by using a CSI-RS ID which is indicated by a higher layer signaling as taught by QU to have incorporated in the system of Park, so that it would provide to distinguish CSI-RSs associated with different CSI-RS configurations/nodes and permit the receiving UE to identify and measure the appropriate CSI-RSs for channel-state feedback. Such modification would have predictably provided distinguishable CSI-RS sequences for Park's multiple CSI-RS configurations while avoiding reliance solely on a common cell identifier. QU: See Abstract and ¶ [0079].
Regarding claims 9 and 18; Park in view of QU teaches the base station wherein a pseudo-random sequence generator is initialized based on the CSI-RS ID (QU: Generally, a cell-specific pseudo random sequence is modulated for scrambling in a CSI-RS pattern for interference randomization among cells. Within a cell, different CSI-RS patterns may also be differentiated by different scrambling codes. ¶ [0056]).
Claims 2-4, 7, 11-14, and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable over Park et al. (US 2013/0094384 A1 in view of Zhang (US 2014/0362956 A1).
Regarding claims 2 and 11; Park discloses the integrated circuit wherein each CSI-RS transmitted using each antenna port among the plurality of CSI-RSs is multiplied with one of a plurality of orthogonal sequence (Park- See Fig. 3: in a distributed multi-node system, the number of CSI-RS ports that may be simultaneously transmitted using a single CSI-RS subframe may be insufficient and therefore teaches transmitting multiple CSI-RS configurations through one or more subframes. Park teaches an example in which a total of 20 CSI-RS ports are provided by sequentially transmitting CSI-RSs corresponding to 8 ports, 8 ports, and 4 ports in respective CSI-RS subframes. Thus, Park expressly teaches using multiple CSI-RS configurations collectively for more than eight CSI-RS ports. See ¶ [0179], ¶ [0185] with Table 5 and ¶ [0287]).
Even though Lee teaches the method of receiving CSI-RS signals, using multiple ports for CSI-RS configurations and mapping and multiplexing OFDM symbols using RE mappers and OFDM multiplexing (See Fig. 2 and Para. [0076]), Lee doesn’t explicitly discuss multiplying by one of a plurality of orthogonal cover codes (OCCs) having the same length of four.
However, Zhang further teaches multiplying by one of a plurality of orthogonal cover codes (OCCs) having the same length of four (See Fig. 4: multiplying with OFDM sequence, e.g., +1 +1 +1 +1]: See ¶. [0045]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the claimed invention was made to provide the method of multiplying by one of a plurality of orthogonal cover codes (OCCs) having the same length of four as taught by ZHANG to have incorporated in the system of LEE, so that it would provide to increase the capacity of the channel. (ZHANG: Para. [0045]).
Regarding claims 3 and 12; Park in view of Zhang teaches the integrated circuit wherein each CSI-RS transmitted using each antenna port among the plurality of CSI-RSs (Park: ¶ [0089-0096]) is multiplied with one of a plurality of orthogonal sequence having a length of four (Zhang: See Fig. 4: multiplying with OFDM sequence, e.g., +1 +1 +1 +1]: See ¶. [0045]), and is mapped to two orthogonal frequency-division multiplexing (OFDM) symbols (Lee: See Figs. 7-13: x-axis has 12 OFDM symbol and two OFDMs are mapped with CSI-RS antenna ports; Para. [0119]) and to two subcarriers (Lee: See Figs. 7-12: Hereinafter, a symbol/carrier/subcarrier to which a DRS/CRS/DMRS/CSI-RS is allocated will be referred to as a DRS/CRS/DMRS/CSI-RS symbol/carrier/subcarrier. For example, a symbol carrying a CSI-RS is referred to as a CSI-RS symbol and a subcarrier carrying a CSI-RS is referred to as a CSI-RS subcarrier. Para. [0053]).
Regarding claims 4 and 13; Park discloses the integrated circuit according to claim 3, wherein the two OFDM symbols are two consecutive OFDM symbol (See Figs. 3-5: . The power boosting means fetching power from REs other than REs assigned for reference signal among REs in one OFDM symbol. Meanwhile, DRS may be designed to have a different frequency interval from CRS, and in case DRS is present in the same OFDM symbol as CRS, DRS may overlap CRS in light of position according to the above-described frequency shift of CRS, and the power boosting of CRS may negatively affect transmission of DRS. Para. [0073]).
Regarding claims 5 and 14; Park discloses the integrated circuit wherein the two subcarriers are six subcarriers apart from each other in a frequency domain (Park: the base station conducts single antenna transmission, a reference signal for the single antenna port is arranged. In case the base station performs two-antenna transmission, reference signals for two antenna ports are arranged in the time division multiplexing scheme and/or in the frequency division multiplexing scheme. That is, the reference signals for two antenna ports are arranged to different time resources and/or different frequency resources so that they may be distinguished from each other.. ¶. [0067]).
Regarding claims 7 and 16; Park in view of Zhang teaches the integrated circuit wherein the plurality of orthogonal sequence having the length of four include [1,1,1,1], [1,-1,1,-1], [1,1,-1,-1] and [1-1-11] (ZHANG: See Fig. 4: Para. [0045]).
Allowable Subject Matter
Claims 8 and 17 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tong et al. (US20140355408 A1 to discuss the method for Scrambling Reference Signals).
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/SAI AUNG/Primary Examiner, Art Unit 2416
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