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 .
Response to Amendment
The amendment filed July 14th, 2026, has been entered. Claims 1-20 are pending in this application. Claim 12 has been amended to delete the term “types” from the limitation “at least two types of HARQ-ACK transmission types.”
Response to Arguments
Applicant’s arguments, see pg. 10, filed July 14th, 2026, regarding compact prosecution have been fully considered but are not persuasive. A Notice of References Cited does not prevent the Examiner from conducting additional searching or further examination of the pending claims.
Applicant’s arguments, see pgs. 7-9, filed July 14th, 2026, with respect to the rejection(s) of claim(s) 1-20 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection under 35 USC § 103 is made, as set forth below.
Specifically, the newly applied prior art teaches HARQ-ACK codebook retransmission based on a retransmission indication and the concatenation of HARQ-ACK codebooks corresponding to different HARQ-ACK information/reception categories.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-4, 7 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Bae et al. (US 2023/0224095), hereinafter Bae, in view of Zhang et al. (US 2025/0141603), hereinafter Zhang.
Regarding claim 1, Bae teaches an apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories (Bae, Fig. 2 teaches a wireless device 100 with processor[s] 102, memory[s] 104, and transceiver[s] 106), configured to:
receive an indication for the UE to retransmit a hybrid automatic repeat request acknowledgement (HARQ-ACK) (Bae, Fig. 11 teaches receiving a request for HARQ-Ack codebook retransmission and then performing HARQ-ACK codebook transmission).
Bae fails to teach wherein the HARQ-ACK corresponds to a HARQ-ACK transmission type of a set of HARQ-ACK transmission types, the set of HARQ-ACK transmission types comprising two or more of: first HARQ-ACK information, second HARQ-ACK information, or third HARQ-ACK information; and transmit a HARQ-ACK transmission including a concatenation of at least two HARQ-ACK transmission types of the set of HARQ-ACK transmission types.
However, Zhang, in an analogous art, teaches wherein the HARQ-ACK corresponds to a HARQ-ACK transmission type of a set of HARQ-ACK transmission types (Zhang, para. [0179] teaches that the UE [user equipment] separately generates HARQ-ACK sub-codebooks for unicast PDSCH[s] [physical downlink shared channel] and may place a unicast HARQ-ACK sub-codebook before a multicast HARQ-ACK sub-codebook, and also distinguishes PDSCH reception from SPS reception; para. [0186]-[0190] teaches that there are multiple HARQ-ACK sub-codebooks associated with different categories, with ordering constraints; para. [0196]-[0197] teaches different HARQ-ACK sub-codebooks associated with different reception types), the set of HARQ-ACK transmission types comprising two or more of: first HARQ-ACK information, second HARQ-ACK information, or third HARQ-ACK information (Zhang, para. [0199]-[0201] teaches a HARQ-ACK sub-codebook containing information for dynamically scheduled PDSCH reception and a separate HARQ-ACK sub-codebook for SPS PDSCH reception, with the dynamically scheduled sub-codebook located before or after the SPS sub-codebook); and
transmit a HARQ-ACK transmission including a concatenation of at least two HARQ-ACK transmission types of the set of HARQ-ACK transmission types (Zhang, para. [0179] teaches separately generated HARQ-ACK sub-codebooks, with one placed before another; para. [0186]-[0190] teaches ordering constraints for multiple HARQ-ACK sub-codebooks, including one category being located before another; para. [0199]-[0201] teaches dynamically scheduled HARQ-ACK sub-codebook and SPS HARQ-ACK sub-codebook, with one located before or after the other; also see claims 1-4 of Zhang which teach generating different HARQ-ACK codebooks and concatenating HARQ-ACK codebooks associated with different categories in a specific order).
Bae and Zhang are both considered to be analogous to the claimed invention because both are in the same field of HARQ-ACK transmission.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Bae to incorporate the teachings of Zhang by including the functionality of a HARQ-ACK codebook concatenation technique.
The suggestion/motivation for doing so would be to allow for transmission of HARQ-ACK information associated with different downlink reception scenarios in a common HARQ-ACK transmission.
Regarding claim 2, the combination of Bae in view of Zhang teaches the apparatus of claim 1, wherein the indication for the UE to retransmit the HARQACK comprises a downlink control information (DCI) format to trigger retransmitting a physical uplink control channel (PUCCH) transmission (Bae, para. [0227] teaches HARQ-ACK codebook retransmission indication through DCI of a PDCCH, and retransmit a HARQ-ACK codebook included in previous PUCCH transmission based on the HARQ-ACK codebook transmission indication).
Regarding claim 3, the combination of Bae in view of Zhang teaches the apparatus of claim 1, wherein the concatenation comprises the first HARQ-ACK information followed by the third HARQ-ACK information (Zhang teaches ordered HARQ-ACK sub-codebooks, including one category being placed before another; the claims of Zhang also teach concatenating multiple HARQ-ACK codebooks in specific sequences).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Bae to incorporate the teachings of Zhang by including the functionality of arranging the different HARQ-ACK codebook types in the ordered concatenation .
The suggestion/motivation for doing so would be that ordering separately generated HARQ-ACK sub codebooks provide a defined structure for combining HARQ-ACK information associated with different downlink reception contexts into a HARQ-ACK codebook for transmission.
Regarding claim 4, the combination of Bae in view of Zhang teaches the apparatus of claim 1, wherein the concatenation comprises the second HARQ-ACK information followed by the third HARQ-ACK information (Zhang teaches ordered HARQ-ACK sub-codebooks, including one category being placed before another; the claims of Zhang also teach concatenating multiple HARQ-ACK codebooks in specific sequences).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Bae to incorporate the teachings of Zhang by including the functionality of arranging the different HARQ-ACK codebook types in the ordered concatenation .
The suggestion/motivation for doing so would be that ordering separately generated HARQ-ACK sub codebooks provide a defined structure for combining HARQ-ACK information associated with different downlink reception contexts into a HARQ-Ack codebook for transmission.
Regarding claim 7, the combination of Bae in view of Zhang teaches the apparatus of claim 1, wherein the concatenation comprises each of the first HARQ-ACK information, the second HARQ-ACK information, and the third HARQ-ACK information (Zhang, claims 3-4 teaches determining a HARQ-ACK codebook by concatenating three or more HARQ0ACK codebooks corresponding to different HARQ-ACK reception categories in a specified order).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Bae to incorporate the teachings of Zhang by including the functionality of multiple codebook concatenation techniques .
The suggestion/motivation for doing so would be to provide a predictable way for carrying multiple HARQ-ACK information types in a single HARQ-Ack codebook.
Regarding claim 13, Bae teaches an apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories (Bae, Fig. 2 teaches a wireless device 100 with processor[s] 102, memory[s] 104, and transceiver[s] 106), configured to:
transmit an indication for the UE to retransmit a hybrid automatic repeat request acknowledgement (HARQ-ACK) (Bae, Fig. 11 teaches receiving a request for HARQ-Ack codebook retransmission and then performing HARQ-ACK codebook transmission).
Bae fails to teach wherein the HARQ-ACK corresponds to a HARQ-ACK transmission type of a set of HARQ-ACK transmission types, the set of HARQ-ACK transmission types comprising two or more of: first HARQ-ACK information, second HARQ-ACK information, or third HARQ-ACK information; and receive a HARQ-ACK transmission including a concatenation of at least two HARQ-ACK transmission types of the set of HARQ-ACK transmission types.
However, Zhang, in an analogous art teaches wherein the HARQ-ACK corresponds to a HARQ-ACK transmission type of a set of HARQ-ACK transmission types (Zhang, para. [0179] teaches that the UE [user equipment] separately generates HARQ-ACK sub-codebooks for unicast PDSCH[s] [physical downlink shared channel] and may place a unicast HARQ-ACK sub-codebook before a multicast HARQ-ACK sub-codebook, and also distinguishes PDSCH reception from SPS reception; para. [0186]-[0190] teaches that there are multiple HARQ-ACK sub-codebooks associated with different categories, with ordering constraints; para. [0196]-[0197] teaches different HARQ-ACK sub-codebooks associated with different reception types), the set of HARQ-ACK transmission types comprising two or more of: first HARQ-ACK information, second HARQ-ACK information, or third HARQ-ACK information (Zhang, para. [0199]-[0201] teaches a HARQ-ACK sub-codebook containing information for dynamically scheduled PDSCH reception and a separate HARQ-ACK sub-codebook for SPS PDSCH reception, with the dynamically scheduled sub-codebook located before or after the SPS sub-codebook); and
receive a HARQ-ACK transmission including a concatenation of at least two HARQ-ACK transmission types of the set of HARQ-ACK transmission types (Zhang, para. [0179] teaches separately generated HARQ-ACK sub-codebooks, with one placed before another; para. [0186]-[0190] teaches ordering constraints for multiple HARQ-ACK sub-codebooks, including one category being located before another; para. [0199]-[0201] teaches dynamically scheduled HARQ-ACK sub-codebook and SPS HARQ-ACK sub-codebook, with one located before or after the other; also see claims 1-4 of Zhang which teach generating different HARQ-Ack codebooks and concatenating HARQ-ACK codebooks associated with different categories in a specific order; Zhang teaches generating and transmitting concatenations of HARQ-ACK codebooks, therefore the network device receiving the HARQ-ACK transmission receives a HARQ-ACK transmission including the concatenation of the at least two HARQ-ACK transmission types).
Bae and Zhang are both considered to be analogous to the claimed invention because both are in the same field of HARQ-ACK transmission.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Bae to incorporate the teachings of Zhang by including the functionality of a HARQ-ACK codebook concatenation technique.
The suggestion/motivation for doing so would be to allow for transmission of HARQ-ACK information associated with different downlink reception scenarios in a common HARQ-ACK transmission.
Claim 14 is an apparatus with limitations similar to the apparatus of claim 2, and is rejected under the same rationale.
Claim 15 is an apparatus with limitations similar to the apparatus of claim 3, and is rejected under the same rationale.
Claim 16 is an apparatus with limitations similar to the apparatus of claim 4, and is rejected under the same rationale.
Claim 17 is an apparatus with limitations similar to the apparatus of claim 7, and is rejected under the same rationale.
Claim 18 is a method with limitations similar to the apparatus of claim 1, and is rejected under the same rationale.
Claim 19 is a method with limitations similar to the apparatus of claim 3, and is rejected under the same rationale.
Claims 8-12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bae in view of Zhang, as applied to claim 1 above, and further in view of Li et al. (US 2024/0236871), hereinafter Li.
Regarding claim 8, the combination of Bae in view of Zhang teaches the apparatus of claim 1, but fails to teach wherein the one or more processors, to transmit the HARQ-ACK transmission, are configured to: transmit the HARQ-ACK transmission using a transmission power that is based at least in part on a combination of a number of bits corresponding to the at least two HARQ-ACK transmission types.
However, Li, in an analogous art, teaches wherein the one or more processors, to transmit the HARQ-ACK transmission, are configured to: transmit the HARQ-ACK transmission using a transmission power that is based at least in part on a combination of a number of bits corresponding to the at least two HARQ-ACK transmission types (Li, Fig. 2; para. [0007], lines 8-12, “determine a power for the PUCCH transmission based on a first bit number, where the first bit number is determined based on a bit number of the first UCI and/or a bit number of the second UCI”).
Bae, Zhang and Li are considered to be analogous to the claimed invention because they are in the same field of HARQ-ACK transmission.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combination of Bae in view of Zhang to incorporate the teachings of Li by including the functionality of determining a transmission power based on a combination of a number of bits corresponding to different transmission types.
The suggestion/motivation for doing so would be to improve uplink power efficiency and resource utilization.
Regarding claim 9, the combination of Bae in view of Zhang, and further in view of Li teaches the apparatus of claim 8, wherein the one or more processors are configured to, when a total number of bits in the HARQ-ACK transmission is less than or equal to a threshold number of HARQ-ACK bits: calculate the transmission power based at least in part on a number of actual bits associated with the HARQ-ACK transmission (Li, para. [0034], lines 2-9 through para. [0035], lines 1-2 “determining, by the terminal, a PUCCH transmission power adjustment factor based on a first bit number may include: in a case that the first bit number is less than or equal to a threshold, determining, by the terminal, the PUCCH transmission power adjustment factor ∆TF,b,f,c (i) in the following manner… where in the formula (1), K1 is a first predetermined K1 value, for example, K1=11”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combination of Bae in view of Zhang to incorporate the teachings of Li by including the functionality of calculating transmission power based on a number of actual bits associated with the HARQ-ACK transmission.
The suggestion/motivation for doing so would be to improve uplink power efficiency and resource utilization.
Regarding claim 10, the combination of Bae in view of Zhang, and further in view of Li teaches the apparatus of claim 9, wherein the threshold number of HARQ-ACK bits is eleven. Li does not explicitly teach the specific value of the threshold number of HARQ-ACK being 11 bits, however this is a design paraments that would have been selected based on system requirements.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combination of Bae in view of Zhang to incorporate the teachings of Li by including the functionality of a threshold number being 11 bits, or another specific value.
The suggestion/motivation for doing so would be to improve uplink power efficiency and resource utilization.
Regarding claim 11, the combination of Bae in view of Zhang, and further in view of Li teaches the apparatus of claim 8, wherein the one or more processors are configured to: calculate the transmission power based at least in part on a number of actual bits associated with the HARQ-ACK transmission and a number of dummy bits associated with the HARQ-ACK transmission (Li teaches transmission power being dependent on various factors, such as the number of bits mapped to PUCCH resources, resource elements occupied, etc.; this teaching implies actual information bits, as well as additional bits).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combination of Bae in view of Zhang to incorporate the teachings of Li by including the functionality of the transmission power being based on actual bits and dummy bits.
The suggestion/motivation for doing so would be to improve uplink power efficiency and resource utilization.
Regarding claim 12, the combination of Bae in view of Zhang teaches the apparatus of claim 1, but fails to teach wherein the one or more processors are configured to: obtain a number of actual bits for each of the HARQ-ACK information of the at least two HARQ-ACK transmission types; and sum the number of actual bits for each of the HARQ-ACK information of the at least two HARQ-ACK transmission types as a total number of HARQ-ACK bits to be used in a power control equation for calculating a transmission power to use when transmitting the HARQ-ACK transmission.
However, Li, in an analogous art, teaches wherein the one or more processors are configured to: obtain a number of actual bits for each of the HARQ-ACK information of the at least two types HARQ-ACK transmission types (Li, Fig. 2 teaches multiple UCI elements that are combined via multiplexing in S210); and sum the number of actual bits for each of the HARQ-ACK information of the at least two HARQ-ACK transmission types as a total number of HARQ-ACK bits to be used in a power control equation for calculating a transmission power to use when transmitting the HARQ-ACK transmission (Li, Fig. 2 teaches a bit number being determined that is used in power calculation in S220). The first bit number generated from combining the multiple UCI elements implies a total number of bits, which implies a sum of bits.
Bae, Zhang and Li are considered to be analogous to the claimed invention because they are in the same field of HARQ-ACK transmission.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combination of Bae in view of Zhang to incorporate the teachings of Li by including the functionality of the transmission power being based on a sum of actual bits from at least two types of HARQ-ACK transmission types.
The suggestion/motivation for doing so would be to improve uplink power efficiency and resource utilization.
Claim 20 is a method with limitations similar to the apparatus of claim 9, and is rejected under the same rationale.
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/G.V.B./Examiner, Art Unit 2112
/ALBERT DECADY/Supervisory Patent Examiner, Art Unit 2112
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