Prosecution Insights
Last updated: October 02, 2026
Application No. 19/102,779

Dynamic Switching Between Different Number of Additional DMRS Symbols for PDSCH or PUSCH

Non-Final OA §103§112
Filed
Feb 10, 2025
Priority
Aug 11, 2022 — provisional 63/397,225 +1 more
Examiner
SINGH, AMNEET
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
255 granted / 322 resolved
+17.2% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
341
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 322 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statements (IDS) submitted on 02/10/2025, 02/12/2025 and 07/21/2026 are in compliance with the provisions of 37 C.F. R 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Oath/Declaration The Oath/Declaration filed on 02/10/2025 is hereby acknowledged. Drawings The drawings are objected to because Figures 7-10, 17 to 20 are not off legibility or quality that is easily readable or reproducible (as evident in the publication version of the instant application). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 80, 82-86, 90 and 95 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 80, 85, 90 and 95 recites the limitation "the additional positions" in line 4, respectively. There is insufficient antecedent basis for this limitation in the claim. Claims 82 recites the limitation "the network" in line 6, respectively. It is unclear to which network, i.e. “a wireless communication network” recited in line 1 or “one or more network nodes” recited in line 2, the recited "the network" is referring to. Claims 83-86 are rejected for at least its dependency on claim 82. 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 77-78, 82-83, 87-88, 92 and 93 are rejected under 35 U.S.C. 103 as being unpatentable over Levitsky et al. (US 20230006762 A1) in view of YOHEI et al. (JP 2018182515 A Machine translated English version attached). Regarding Claim 77, Levitsky et al. discloses: A method (Fig. 2, 6, Para. 0162]: “a process flow 600”), performed by a wireless device (Fig. 2, 6: UE 115-a/UE 115-b) operative in a wireless communication network (Fig. 6, Para. 0162]: “process flow 600 may implement aspects of wireless communications system 100”), comprising: informing the network of a capability (Fig. 2, 6: Capability Information 235/605) to support at least one of dynamic switching of a number of additional Demodulation Reference Symbols (DMRS) (Para. [0021], [0095], [0163]: “DMRS configuration parameters include a number of additional DMRS symbol locations,” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration and a transmission mode indication or option to the base station,” “At 605, UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations…” “the one or more DMRS configuration parameters include a number of additional DMRS symbol locations”) and dynamic switching of DMRS time density (Para. [0094], [0095]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration.” That is, fairly suggest UE capability of dynamic switching between different DMRS time density), a maximum DMRS density that the wireless device supports (Para. [0163]: “UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations [a maximum DMRS density]”), and that the wireless device supports dynamic indication of DMRS density using Media Access Control (MAC) Control Element (CE) (Para. [0094], [0133], [0140]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)”; “UE 115-a may transmit capability information 235 to base station 105-a via uplink communication link 215-a, the capability information 235 indicating the capability to support joint dynamic signaling of transmission mode and of one or more DMRS configurations [dynamic indication of high or low DMRS density] (e.g., via a MAC-CE or DCI message or a combination of both),” “capability information 235 may indicate a capability to use multiple DMRS configurations per allocation”); receiving, from the network (Fig. 2, 6: Control Signaling 225-a/225-b/610/615), one of a configuration of a set of candidate number of additional DMRS (Para. [0048]: “a UE may receive an RRC configuration for a set of transmission mode options and a set of DMRS configurations… a DMRS configuration may include one or more parameters, for example an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations used on the UE side per transmission mode”)…; receiving, from the network in a Downlink Control Information (DCI) or MAC CE (Fig. 2, 6, Para. [0167] “UE 115-b may receive a MAC-CE in the second control signaling…UE 115-b may receive a DCI message in the second control signaling”), an indication of one of the set of candidate number of additional DMRS (Para. [0167]: “UE 115-b may receive a MAC-CE in the second control signaling indicating a set of combinations of the one or more DMRS configurations or parameters in combination with transmission mode indicators or a transmission mode indication. UE 115-b may receive a DCI message in the second control signaling indicating the one or more DMRS configurations and the transmission mode out of the set of combinations indicated or activated by the MAC-CE”) or one of the set of candidate number of DMRS time densities (optional limitation); and receiving and processing (Fig. 15, 16: Step 1520/1625-1630) DMRS according the indicated one of the set of candidate number of additional DMRS (Para. [0256]: “receiving one or more DMRSs from the multiple TRPs according to the identified at least one DMRS configuration. The operations of 1520 may be performed in accordance with examples as disclosed herein.” The “identified at least one DMRS configuration” includes “the one or more DMRS configurations” such as “an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations”) or the indicated one of the set of candidate number of DMRS time densities (optional limitation). Although, Levitsky et al. further teaches (Para. [0108], [0109]) sending “a DMRS configuration per allocation…include DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” “DMRS_i may be the downlink DMRS configuration candidate defined by a combination of parameters”), they do not fairly teach or suggest that the “DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” or a candidate “DMRS_i” corresponds to or are: a configuration of a candidate number of DMRS time densities. On the other hand, in the same field of endeavor (Abstract: “setting an arrangement pattern of a demodulation reference signal in a radio resource”) YOHEI et al. teaches: a configuration of a candidate number of DMRS time densities (Fig. 11, 12, page. 6, paragraph 4, 7: “an example of DMRS arrangement pattern candidates…the density of DMRS on the time axis of the DMRS arrangement pattern candidate to be selected to be notified to the user apparatus…The arranged DMRS arrangement pattern candidates 1201 and 1202 are selected and determined”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that base station 105-a sending one or more DMRS configuration in Levitsky et al. can including sending a configuration of density of DMRS on the time axis of the DMRS arrangement pattern candidates such as 1201 and 1202/ candidate number of DMRS time densities as taught by YOHEI et al. where doing so would (YOHEI et al., page 3, paragraph 5) prevent degradation in “the reception quality of the DMRS…the estimation accuracy of the radio channel (equivalent channel)…and the throughput.” Regarding Claim 82, Levitsky et al. discloses: A wireless device (Fig. 2, 6, 10: UE 115-a, 115-b, 1005) operative in a wireless communication network (Fig. 2: a wireless communications system 200), comprising: communication circuitry (Fig. 10: a communications manager 1020) configured to communicate with one or more network nodes (Fig. 2, 6, 10: network nodes 105-a, 205-a, 205-b); and processing circuitry operatively connected to the communication circuitry (Fig. 10: a processor 1040 operatively connected to the communications manager 1020) and configured to inform the network of a capability (Fig. 2, 6: Capability Information 235/605) to support at least one of dynamic switching of a number of additional Demodulation Reference Symbols (DMRS) (Para. [0021], [0095], [0163]: “DMRS configuration parameters include a number of additional DMRS symbol locations,” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration and a transmission mode indication or option to the base station,” “At 605, UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations…” “the one or more DMRS configuration parameters include a number of additional DMRS symbol locations”) and dynamic switching of DMRS time density (Para. [0094], [0095]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration.” That is, fairly suggest UE capability of dynamic switching between different DMRS time density), a maximum DMRS density that the wireless device supports (Para. [0163]: “UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations [a maximum DMRS density]”), and that the wireless device supports dynamic indication of DMRS density using Media Access Control (MAC) Control Element (CE) (Para. [0094], [0133], [0140]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)”; “UE 115-a may transmit capability information 235 to base station 105-a via uplink communication link 215-a, the capability information 235 indicating the capability to support joint dynamic signaling of transmission mode and of one or more DMRS configurations [dynamic indication of high or low DMRS density] (e.g., via a MAC-CE or DCI message or a combination of both),” “capability information 235 may indicate a capability to use multiple DMRS configurations per allocation”); receive, from the network (Fig. 2, 6: Control Signaling 225-a/225-b/610/615), one of a configuration of a set of candidate number of additional DMRS (Para. [0048]: “a UE may receive an RRC configuration for a set of transmission mode options and a set of DMRS configurations… a DMRS configuration may include one or more parameters, for example an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations used on the UE side per transmission mode”)…; receive, from the network in a Downlink Control Information (DCI) or MAC CE (Fig. 2, 6, Para. [0167] “UE 115-b may receive a MAC-CE in the second control signaling…UE 115-b may receive a DCI message in the second control signaling”), an indication of one of the set of candidate number of additional DMRS (Para. [0167]: “UE 115-b may receive a MAC-CE in the second control signaling indicating a set of combinations of the one or more DMRS configurations or parameters in combination with transmission mode indicators or a transmission mode indication. UE 115-b may receive a DCI message in the second control signaling indicating the one or more DMRS configurations and the transmission mode out of the set of combinations indicated or activated by the MAC-CE”) or one of the set of candidate number of DMRS time densities (optional limitation); and receive and process (Fig. 15, 16: Step 1520/1625-1630) DMRS according the indicated one of the set of candidate number of additional DMRS (Para. [0256]: “receiving one or more DMRSs from the multiple TRPs according to the identified at least one DMRS configuration. The operations of 1520 may be performed in accordance with examples as disclosed herein.” The “identified at least one DMRS configuration” includes “the one or more DMRS configurations” such as “an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations”) or the indicated one of the set of candidate number of DMRS time densities (optional limitation). Although, Levitsky et al. further teaches (Para. [0108], [0109]) sending “a DMRS configuration per allocation…include DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” “DMRS_i may be the downlink DMRS configuration candidate defined by a combination of parameters”), they do not fairly teach or suggest that the “DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” or a candidate “DMRS_i” corresponds to or are: a configuration of a candidate number of DMRS time densities. On the other hand, in the same field of endeavor (Abstract: “setting an arrangement pattern of a demodulation reference signal in a radio resource”) YOHEI et al. teaches: a configuration of a candidate number of DMRS time densities (Fig. 11, 12, page. 6, paragraph 4, 7: “an example of DMRS arrangement pattern candidates…the density of DMRS on the time axis of the DMRS arrangement pattern candidate to be selected to be notified to the user apparatus…The arranged DMRS arrangement pattern candidates 1201 and 1202 are selected and determined”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that base station 105-a sending one or more DMRS configuration in Levitsky et al. can including sending a configuration of density of DMRS on the time axis of the DMRS arrangement pattern candidates such as 1201 and 1202/ candidate number of DMRS time densities as taught by YOHEI et al. where doing so would (YOHEI et al., page 3, paragraph 5) prevent degradation in “the reception quality of the DMRS……the estimation accuracy of the radio channel (equivalent channel)…and the throughput.” Regarding Claim 87, Levitsky et al. discloses: A method (Fig. 2, 6, Para. 0162]: “a process flow 600”), performed by a base station (Fig. 2, 6: base station 105-a, 105-b) operative in a wireless communication network (Fig. 6, Para. 0162]: “process flow 600 may implement aspects of wireless communications system 100”), comprising: receiving, from a wireless device (Fig. 2, 6: UE 115-a/UE 115-b), an indication of a capability of the wireless device (Fig. 2, 6: receiving Capability Information 235/605) to support at least one of dynamic switching of a number of additional Demodulation Reference Symbols (DMRS) (Para. [0021], [0095], [0163]: “DMRS configuration parameters include a number of additional DMRS symbol locations,” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration and a transmission mode indication or option to the base station,” “At 605, UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations…” “the one or more DMRS configuration parameters include a number of additional DMRS symbol locations”) and dynamic switching of DMRS time density (Para. [0094], [0095]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration.” That is, fairly suggest UE capability of dynamic switching between different DMRS time density), a maximum DMRS density that the wireless device supports (Para. [0163]: “UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations [a maximum DMRS density]”), and that the wireless device supports dynamic indication of DMRS density using Media Access Control (MAC) Control Element (CE) (Para. [0094], [0133], [0140]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)”; “UE 115-a may transmit capability information 235 to base station 105-a via uplink communication link 215-a, the capability information 235 indicating the capability to support joint dynamic signaling of transmission mode and of one or more DMRS configurations [dynamic indication of high or low DMRS density] (e.g., via a MAC-CE or DCI message or a combination of both),” “capability information 235 may indicate a capability to use multiple DMRS configurations per allocation”); sending, to the wireless device (Fig. 2, 6: sending Control Signaling 225-a/225-b/610/615 to UE 115), one of a configuration of a set of candidate number of additional DMRS (Para. [0048]: “a UE may receive an RRC configuration for a set of transmission mode options and a set of DMRS configurations… a DMRS configuration may include one or more parameters, for example an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations used on the UE side per transmission mode”) …; sending, to the wireless device in a Downlink Control Information (DCI) or MAC CE (Fig. 2, 6, Para. [0167] “UE 115-b may receive a MAC-CE in the second control signaling [sent by base station 105-a or 105-b]…UE 115-b may receive a DCI message in the second control signaling”), an indication of one of the set of candidate number of additional DMRS (Para. [0167]: “UE 115-b may receive a MAC-CE in the second control signaling indicating a set of combinations of the one or more DMRS configurations or parameters in combination with transmission mode indicators or a transmission mode indication. UE 115-b may receive a DCI message in the second control signaling indicating the one or more DMRS configurations and the transmission mode out of the set of combinations indicated or activated by the MAC-CE”) or one of the set of candidate number of DMRS time densities (optional limitation); and transmitting (Fig. 2, 6, 15, 16: Step 1520/1625 – base station 105-a, 105-b transmit) DMRS according the indicated one of the set of candidate number of additional DMRS (Para. [0256]: “receiving [base station 105-a, 105-b transmitting] one or more DMRSs from the multiple TRPs according to the identified at least one DMRS configuration. The operations of 1520 may be performed in accordance with examples as disclosed herein.” The “identified at least one DMRS configuration” includes “the one or more DMRS configurations” such as “an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations”) or the indicated one of the set of candidate number of DMRS time densities (optional limitation). Although, Levitsky et al. further teaches (Para. [0108], [0109]) sending “a DMRS configuration per allocation…include DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” “DMRS_i may be the downlink DMRS configuration candidate defined by a combination of parameters”), they do not fairly teach or suggest that the “DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” or a candidate “DMRS_i” corresponds to or are: a configuration of a candidate number of DMRS time densities. On the other hand, in the same field of endeavor (Abstract: “setting an arrangement pattern of a demodulation reference signal in a radio resource”) YOHEI et al. teaches: a configuration of a candidate number of DMRS time densities (Fig. 11, 12, page. 6, paragraph 4, 7: “an example of DMRS arrangement pattern candidates…the density of DMRS on the time axis of the DMRS arrangement pattern candidate to be selected to be notified to the user apparatus…The arranged DMRS arrangement pattern candidates 1201 and 1202 are selected and determined”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that base station 105-a sending one or more DMRS configuration in Levitsky et al. can including sending a configuration of density of DMRS on the time axis of the DMRS arrangement pattern candidates such as 1201 and 1202/ candidate number of DMRS time densities as taught by YOHEI et al. where doing so would (YOHEI et al., page 3, paragraph 5) prevent degradation in “the reception quality of the DMRS…the estimation accuracy of the radio channel (equivalent channel)…and the throughput.” Regarding Claim 92, Levitsky et al. discloses: A base station (Fig. 2, 6: base station 105-a, 105-b) operative in a wireless communication network (Fig. 2, 6: “wireless communications system 100”), comprising: communication circuitry (Fig. 14: communications manager 1420) configured to communicate with one or more wireless devices (Fig. 2, 6, 14: communicates with UE 115-a/UE 115-b, 115’s); and processing circuitry (Fig. 14: processor 1440) operatively connected to the communication circuitry (Fig. 14: a processor 1440 operatively connected to the communications manager 1420) and configured to receive, from a wireless device (Fig. 2, 6: UE 115-a/UE 115-b), an indication of a capability of the wireless device (Fig. 2, 6: receiving Capability Information 235/605) to support at least one of dynamic switching of a number of additional Demodulation Reference Symbols (DMRS) (Para. [0021], [0095], [0163]: “DMRS configuration parameters include a number of additional DMRS symbol locations,” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration and a transmission mode indication or option to the base station,” “At 605, UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations…” “the one or more DMRS configuration parameters include a number of additional DMRS symbol locations”) and dynamic switching of DMRS time density (Para. [0094], [0095]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)” “the UE 115 may indicate a capability to support joint dynamic signaling [switching] of a DMRS configuration.” That is, fairly suggest UE capability of dynamic switching between different DMRS time density), a maximum DMRS density that the wireless device supports (Para. [0163]: “UE 115-b may transmit a message indicating a maximum number of simultaneously addressed DMRS configurations [a maximum DMRS density]”), and that the wireless device supports dynamic indication of DMRS density using Media Access Control (MAC) Control Element (CE) (Para. [0094], [0133], [0140]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)”; “UE 115-a may transmit capability information 235 to base station 105-a via uplink communication link 215-a, the capability information 235 indicating the capability to support joint dynamic signaling of transmission mode and of one or more DMRS configurations [dynamic indication of high or low DMRS density] (e.g., via a MAC-CE or DCI message or a combination of both),” “capability information 235 may indicate a capability to use multiple DMRS configurations per allocation”); send, to the wireless device (Fig. 2, 6: sending Control Signaling 225-a/225-b/610/615 to UE 115), one of a configuration of a set of candidate number of additional DMRS (Para. [0048]: “a UE may receive an RRC configuration for a set of transmission mode options and a set of DMRS configurations… a DMRS configuration may include one or more parameters, for example an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations used on the UE side per transmission mode”)…; send, to the wireless device in a Downlink Control Information (DCI) or MAC CE (Fig. 2, 6, Para. [0167] “UE 115-b may receive a MAC-CE in the second control signaling [sent by base station 105-a or 105-b]…UE 115-b may receive a DCI message in the second control signaling”), an indication of one of the set of candidate number of additional DMRS (Para. [0167]: “UE 115-b may receive a MAC-CE in the second control signaling indicating a set of combinations of the one or more DMRS configurations or parameters in combination with transmission mode indicators or a transmission mode indication. UE 115-b may receive a DCI message in the second control signaling indicating the one or more DMRS configurations and the transmission mode out of the set of combinations indicated or activated by the MAC-CE”) or one of the set of candidate number of DMRS time densities (optional limitation); and transmit (Fig. 2, 6, 15, 16: Step 1520/1625 – base station 105-a, 105-b transmit) DMRS according the indicated one of the set of candidate number of additional DMRS (Para. [0256]: “receiving [base station 105-a, 105-b transmitting] one or more DMRSs from the multiple TRPs according to the identified at least one DMRS configuration. The operations of 1520 may be performed in accordance with examples as disclosed herein.” The “identified at least one DMRS configuration” includes “the one or more DMRS configurations” such as “an additional DMRS position parameter (dmrs-AdditionalPosition) for one or more DMRS configurations”) or the indicated one of the set of candidate number of DMRS time densities (optional limitation). Although, Levitsky et al. further teaches (Para. [0108], [0109]) sending “a DMRS configuration per allocation…include DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” “DMRS_i may be the downlink DMRS configuration candidate defined by a combination of parameters”), they do not fairly teach or suggest that the “DMRS type, the number of DMRS locations, first DMRS symbol location and the max number of DMRS symbols per location configuration” or a candidate “DMRS_i” corresponds to or are: a configuration of a candidate number of DMRS time densities. On the other hand, in the same field of endeavor (Abstract: “setting an arrangement pattern of a demodulation reference signal in a radio resource”) YOHEI et al. teaches: a configuration of a candidate number of DMRS time densities (Fig. 11, 12, page. 6, paragraph 4, 7: “an example of DMRS arrangement pattern candidates…the density of DMRS on the time axis of the DMRS arrangement pattern candidate to be selected to be notified to the user apparatus…The arranged DMRS arrangement pattern candidates 1201 and 1202 are selected and determined”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that base station 105-a sending one or more DMRS configuration in Levitsky et al. can including sending a configuration of density of DMRS on the time axis of the DMRS arrangement pattern candidates such as 1201 and 1202/ candidate number of DMRS time densities as taught by YOHEI et al. where doing so would (YOHEI et al., page 3, paragraph 5) prevent degradation in “the reception quality of the DMRS…the estimation accuracy of the radio channel (equivalent channel)…and the throughput.” Regarding Claim 78, 83, 88 and 93, Levitsky et al. in view of YOHEI et al. discloses all as applied to claim 77, 82, 87, and 92 above, where Levitsky et al. further teaches: wherein informing the network of a maximum DMRS density that the wireless device supports comprises informing the network that the wireless device supports dynamic indication of DMRS density using DCI (Para. [0094], [0133], [0140]: “DMRS configuration may indicate a surplus of pilots (e.g., excessive DMRS density in time or frequency) or the pilot configuration may not allocate a sufficient number of pilots (e.g., too low DMRS density)”; “UE 115-a may transmit capability information 235 to base station 105-a via uplink communication link 215-a, the capability information 235 indicating the capability to support joint dynamic signaling of transmission mode and of one or more DMRS configurations [dynamic indication of high or low DMRS density] (e.g., via a MAC-CE or DCI message or a combination of both),” “capability information 235 may indicate a capability to use multiple DMRS configurations per allocation”). Allowable Subject Matter Claim 79, 81, 88, 89, 91, 94, and 96 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. Claims 84 and 86 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: JANG et al. (US 20240049227 A1) discloses (Fig 10, Para. [0162], [0191]) “FIG. 10 illustrates three frequency axis resource allocation methods of type 0 1000, type 1 1005, and dynamic switch 1010 which may be configured through a higher layer in an NR wireless communication system.”; “After the UE capability is configured, the UE transfers a UE capability information message including the UE capability to the base station.”; “if the UE supports a dynamic switching function between an enhanced DMRS type and a conventional DMRS type, the UE may report the function through a UE capability. The dynamic switching function between an enhanced DMRS type and a conventional DMRS type may mean that a DMRS type configured through higher layer signaling is changeable through a MAC-CE, that selection between an enhanced DMRS type and a conventional DMRS type is possible through DCI, or both of them.” Kwak et al. (US 20230396385 A1) discloses (Fig. 21-36, Para. [0010], [0220], [0221]) “the CORESET configuration may include the symbol duration and/or the indication of PDCCH DM-RS density changing”; “A WTRU 102 may (e.g., based on the indication) receive one or more RRC messages, which may comprise a plurality of CSI-RS resource sets, e.g., as candidates for additional DM-RS patterns”; “A WTRU 102 may determine a WTRU capability report for an additional DM-RS. A WTRU 102 may recommend an additional DM-RS pattern, density, and/or MCS.” Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMNEET SINGH whose telephone number is (571)272-2414. The examiner can normally be reached 9:30am to 5:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam K Ahn can be reached at 5712723044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AMNEET SINGH/Examiner, Art Unit 2633 /SAM K AHN/Supervisory Patent Examiner, Art Unit 2633
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Prosecution Timeline

Feb 10, 2025
Application Filed
Aug 24, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
88%
With Interview (+8.3%)
2y 1m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 322 resolved cases by this examiner. Grant probability derived from career allowance rate.

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