NON-FINAL REJECTION
The instant 19/386,825 application is a reissue application of U.S. Patent 12,058,072 B2 to Ko et al. “the ‘072 Patent”), which issued August 6, 2024 from U.S. Patent Application Ser. No. 17/430,999, filed August 13, 2021 as a 371 application of PCT/KR2020/002146 (published August 20, 2020 as WO2020/167051), filed February 14, 2020. The ‘072 Patent has an earliest possible U.S. filing date of February 14, 2019 based on provisional application 63/806,611.
Claims 1-11 were originally pending in this application. By way of a preliminary amendment filed with the application, claims 1-3, 5-8, 10, and 11 are amended. Thus claims 1-11 are pending and are rejected below.
This action is Non-Final.
Reissue
The Examiner has determined that there are no other continuations, reissues, reexaminations, inter partes reviews, or other AIA trials or appeals currently pending with respect to the ‘072 Patent. A litigation search has determined there to be no pending litigation as to the ‘072 Patent.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b) to timely apprise the Office of any prior or concurrent proceeding in which the ‘072 Patent is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Because the instant ‘072 Patent is not deemed to contain claims having an effective date prior to March 16, 2013, the America Invents Act First Inventor to File (“AIA -FITF”) provisions apply, rather than the pre-AIA provisions. See 35 U.S.C. § 100 (note) and 35 U.S.C. § 100 (pre-AIA ). In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of any statutory basis for a 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.
Reissue Amendment
The amendment filed with the instant reissue application is objected to for the following reasons:
The amendment filed with this application does not meet 37 CFR 1.173 (d)(1) and (2). The Examiner notes that the amendment to claim 1 in line 8 shows matter both bracketed and underlined (the left bracket in the beginning of the removed “a seed value” limitation is also underlined), See also MPEP § 1453. A proper amendment is required responsive to this Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-11 are under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 6, 10, and 11 all recite the transmission or reception of a MsgA including a preamble, over both a PRACH and a PUSCH. The ‘072 Patent does not disclose transmission or reception of a preamble over a PUSCH.
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.
Claims 10 and 11 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 10 and 11 recite an apparatus which receives a MsgA as to a preamble as well as a DMRS signal for a PUSCH. This reception is over an uplink. However, the last limitation in both claims regards how the DMRS sequence is constructed, which occurs at a UE, and thus it is unclear if the last limitation in the claims further limits the elements or functions at the network end.
Claim Rejections - 35 USC § 251
Claims 1-11 are rejected under 35 U.S.C. 251 as being based upon new matter added to the patent for which reissue is sought. The added material which is not supported by the prior patent is as noted above with respect to § 112(a).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. PGPUB 2018/0205517A1 to Shao et al. (“Shao”) in view of U.S. Pat. PGPUB 2020/0267768A1 to Hakola et al, (“Hakola”) and 3GPP TS 38.211 V15.4.0 (2018-12) Technical Specification 3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Physical channels and modulation (Release 15) (“TS38.211”).
As to claim 1, Shao discloses:
A method comprising:
transmitting a message […] comprising a preamble in a physical random access channel (PRACH) and a physical uplink shared channel (PUSCH), wherein the PRACH is transmitted in a PRACH occasion and the PUSCH is transmitted in a PUSCH occasion; and
transmitting a demodulation reference signal (DMRS) for the PUSCH,
Shao discloses a method comprising transmitting a message comprising a preamble in both a PRACH and a PUSCH. Shao at FIG 7 steps 703-705 and ¶274 (“[d]etermine a frequency offset value of the terminal device according to a DM-RS and/or a preamble sequence on the uplink channel that is in the random access procedure and sent by the terminal device, where the uplink channel includes the PRACH and/or the PUSCH”). One of ordinary skill in the art would understand that a PRACH is transmitted in a PRACH occasion and a PUSCH is transmitted in a PUSCH occasion. Shao discloses transmitting a DM-RS signal for the PUSCH. Id. at ¶¶16, 37, and 261.
Shao does not disclose wherein, based on transform precoding being disabled: a sequence related to the DMRS is generated based on a value, and the value is one of 2 values determined based on mapping between the preamble and the PUSCH occasion, or that the message is a MsgA.
To that end, TS38.211 discloses the physical channels and modulation for a system that Shao would have been applied to at the time of Patent Owner’s filing. Specifically, TS38.211 dictates that the DM-RS of a system like Shao’s would be a sequence generated based on transform precoding being enabled or disabled, and when disabled, the sequence is based on a value NSCID which has one of two values. TS38.211 at Sec. 6.4.1.1.1.1. Further, the sequence is based on a mapping type which has one of two values (A or B). Id. at Sec. 6.4.1.1.3. TS38.211 discloses that preambles are transmitted in a PRACH occasion. Id. at Sec. 6.3.3.1
Hakola discloses an analogous art, namely a two-step RACH procedure in a UE. Hakola at FIG 3. Hakola specifies that DM-RS is determined based on a mapping between a preamble and a PUSCH occasion, and that the preamble is transmitted in a MsgA. Id. at ¶¶31-32 (“The demodulation reference signals (DMRS) for physical uplink shared channel (PUSCH) to carry the data signal may be associated with one-to-one or many-to-one mapping with the transmitted preamble sequence.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of Patent Owner’s filing to add such features to Shao. Shao discloses transmitting preambles in accordance with the claim, and TS38.211 discloses the industry standard for the production of DM-RS in a system like Shao. Further, one of ordinary skill in the art would have considered such to merely be an example of simple substitution of one known element for another to obtain predictable results. MPEP § 2143 I. B., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Further as to claims 2 and 3:
The method of claim 1, wherein, based on the transform precoding being
disabled, a number of the sequence is 1 or 2.
The method of claim 1, wherein, based on the transform precoding being
enabled: a number of the sequence is 1.
TS38.211 further discloses that the DM-RS may be a single symbol or double symbol, which reads on these claims. TS38.211 at 68.
Further as to claim 4:
The method of claim 1,
wherein, based on the DMRS being configured in one orthogonal frequency division multiplexing (OFDM) symbol, the DMRS is transmitted based on up to 4 DMRS ports.
TS38.211 further states that when DMRS is in a single symbol, it can be transmitted in up to 4 ports. TS38.211 at 68 Table 6.4.1.1.3-5.
Further as to claim 5:
The method of claim 1, wherein the preamble is included in a plurality of preconfigured preambles, and
wherein the plurality of preambles are mapped to one DMRS resource related
to the sequence.
Hakola states that the preamble is one of a plurality of preambles and preambles may be mapped to one DMRS resource. Hakola at ¶32.
As to claim 6, Shao discloses:
An apparatus comprising:
a transceiver; and
at least one processor coupled with the transceiver,
at least one memory connected to the at least one processor and storing instructions that, when executed, cause the at least one processor to perform operations comprising:
Shao discloses an apparatus with a transceiver and processor with memory storing executable instructions. Shao at FIG 12 and ¶¶435-451, 462-463, and 485 (note the transmitter and receiver together make a transceiver)
transmitting a message […] comprising a preamble in a physical random access channel (PRACH) and a physical uplink shared channel (PUSCH), wherein the PRACH is transmitted in a PRACH occasion and the PUSCH is transmitted in a PUSCH occasion; and
transmitting a demodulation reference signal (DMRS) for the PUSCH,
Shao discloses a method comprising transmitting a message comprising a preamble in both a PRACH and a PUSCH. Shao at FIG 7 steps 703-705 and ¶274 (“[d]etermine a frequency offset value of the terminal device according to a DM-RS and/or a preamble sequence on the uplink channel that is in the random access procedure and sent by the terminal device, where the uplink channel includes the PRACH and/or the PUSCH”). One of ordinary skill in the art would understand that a PRACH is transmitted in a PRACH occasion and a PUSCH is transmitted in a PUSCH occasion. Shao discloses transmitting a DM-RS signal for the PUSCH. Id. at ¶¶16, 37, and 261.
Shao does not disclose wherein, based on transform precoding being disabled: a sequence related to the DMRS is generated based on a value, and the value is one of 2 values determined based on mapping between the preamble and the PUSCH occasion, or that the message is a MsgA.
To that end, TS38.211 discloses the physical channels and modulation for a system that Shao would have been applied to at the time of Patent Owner’s filing. Specifically, TS38.211 dictates that the DM-RS of a system like Shao’s would be a sequence generated based on transform precoding being enabled or disabled, and when disabled, the sequence is based on a value NSCID which has one of two values. TS38.211 at Sec. 6.4.1.1.1.1. Further, the sequence is based on a mapping type which has one of two values (A or B). Id. at Sec. 6.4.1.1.3. TS38.211 discloses that preambles are transmitted in a PRACH occasion. Id. at Sec. 6.3.3.1
Hakola discloses an analogous art, namely a two-step RACH procedure in a UE. Hakola at FIG 3. Hakola specifies that DM-RS is determined based on a mapping between a preamble and a PUSCH occasion, and that the preamble is transmitted in a MsgA. Id. at ¶¶31-32 (“The demodulation reference signals (DMRS) for physical uplink shared channel (PUSCH) to carry the data signal may be associated with one-to-one or many-to-one mapping with the transmitted preamble sequence.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of Patent Owner’s filing to add such features to Shao. Shao discloses transmitting preambles in accordance with the claim, and TS38.211 discloses the industry standard for the production of DM-RS in a system like Shao. Further, one of ordinary skill in the art would have considered such to merely be an example of simple substitution of one known element for another to obtain predictable results. MPEP § 2143 I. B., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Further as to claims 7 and 8:
The apparatus of claim 6, wherein, based on the transform precoding being disabled, a number of the sequence is 1 or 2.
The apparatus of claim 6, wherein, based on the transform precoding being enabled: a number of the sequence is 1.
TS38.211 further discloses that the DM-RS may be a single symbol or double symbol, which reads on these claims. TS38.211 at 68.
Further as to claim 9:
The apparatus of claim 6, wherein the apparatus communicates with at least one of a user equipment (UE), a network, or an autonomous driving vehicle other than a vehicle including the apparatus.
Shao discloses the device communicates with a network. Shao at FIG 7 and ¶182.
As to claim 10, Shao discloses:
A method comprising:
receiving message […] comprising a preamble in a physical random access channel (PRACH) and a physical uplink shared channel (PUSCH), wherein the PRACH is transmitted in a PRACH occasion and the PUSCH is transmitted in a PUSCH occasion; and
receiving a demodulation reference signal (DMRS) for the PUSCH,
Shao discloses a method comprising receiving at a base station a message comprising a preamble in both a PRACH and a PUSCH. Shao at FIG 7 steps 703-705 and ¶274 (“[d]etermine a frequency offset value of the terminal device according to a DM-RS and/or a preamble sequence on the uplink channel that is in the random access procedure and sent by the terminal device, where the uplink channel includes the PRACH and/or the PUSCH”). One of ordinary skill in the art would understand that a PRACH is transmitted in a PRACH occasion and a PUSCH is transmitted in a PUSCH occasion. Shao discloses transmitting a DM-RS signal for the PUSCH. Id. at ¶¶16, 37, and 261.
Shao does not disclose wherein, based on transform precoding being disabled: a sequence related to the DMRS is generated based on a value, and the value is one of 2 values determined based on mapping between the preamble and the PUSCH occasion, or that the message is a MsgA.
To that end, TS38.211 discloses the physical channels and modulation for a system that Shao would have been applied to at the time of Patent Owner’s filing. Specifically, TS38.211 dictates that the DM-RS of a system like Shao’s would be a sequence generated based on transform precoding being enabled or disabled, and when disabled, the sequence is based on a value NSCID which has one of two values. TS38.211 at Sec. 6.4.1.1.1.1. Further, the sequence is based on a mapping type which has one of two values (A or B). Id. at Sec. 6.4.1.1.3. TS38.211 discloses that preambles are transmitted in a PRACH occasion. Id. at Sec. 6.3.3.1
Hakola discloses an analogous art, namely a two-step RACH procedure in a UE. Hakola at FIG 3. Hakola specifies that DM-RS is determined based on a mapping between a preamble and a PUSCH occasion, and that the preamble is transmitted in a MsgA. Id. at ¶¶31-32 (“The demodulation reference signals (DMRS) for physical uplink shared channel (PUSCH) to carry the data signal may be associated with one-to-one or many-to-one mapping with the transmitted preamble sequence.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of Patent Owner’s filing to add such features to Shao. Shao discloses transmitting preambles in accordance with the claim, and TS38.211 discloses the industry standard for the production of DM-RS in a system like Shao. Further, one of ordinary skill in the art would have considered such to merely be an example of simple substitution of one known element for another to obtain predictable results. MPEP § 2143 I. B., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
As to claim 11, Shao discloses:
An apparatus comprising:
a transceiver; and
at least one processor coupled with the transceiver, at least one memory connected to the at least one processor and storing instructions that, when executed, cause the at least one processor to perform operations comprising:
Shao discloses an apparatus with a transceiver and processor with memory storing executable instructions. Shao at FIG 11 and ¶¶385-390, 427-430, and 485 (note the transmitter and receiver together make a transceiver)
receiving message […] comprising a preamble in a physical random access channel (PRACH) and a physical uplink shared channel (PUSCH, wherein the PRACH is transmitted in a PRACH occasion and the PUSCH is transmitted in a PUSCH occasion; and
receiving a demodulation reference signal (DMRS) for the PUSCH,
Shao discloses a method comprising receiving at a base station a message comprising a preamble in both a PRACH and a PUSCH. Shao at FIG 7 steps 703-705 and ¶274 (“[d]etermine a frequency offset value of the terminal device according to a DM-RS and/or a preamble sequence on the uplink channel that is in the random access procedure and sent by the terminal device, where the uplink channel includes the PRACH and/or the PUSCH”). One of ordinary skill in the art would understand that a PRACH is transmitted in a PRACH occasion and a PUSCH is transmitted in a PUSCH occasion. Shao discloses transmitting a DM-RS signal for the PUSCH. Id. at ¶¶16, 37, and 261.
Shao does not disclose wherein, based on transform precoding being disabled: a sequence related to the DMRS is generated based on a value, and the value is one of 2 values determined based on mapping between the preamble and the PUSCH occasion, or that the message is a MsgA.
To that end, TS38.211 discloses the physical channels and modulation for a system that Shao would have been applied to at the time of Patent Owner’s filing. Specifically, TS38.211 dictates that the DM-RS of a system like Shao’s would be a sequence generated based on transform precoding being enabled or disabled, and when disabled, the sequence is based on a value NSCID which has one of two values. TS38.211 at Sec. 6.4.1.1.1.1. Further, the sequence is based on a mapping type which has one of two values (A or B). Id. at Sec. 6.4.1.1.3. TS38.211 discloses that preambles are transmitted in a PRACH occasion. Id. at Sec. 6.3.3.1
Hakola discloses an analogous art, namely a two-step RACH procedure in a UE. Hakola at FIG 3. Hakola specifies that DM-RS is determined based on a mapping between a preamble and a PUSCH occasion, and that the preamble is transmitted in a MsgA. Id. at ¶¶31-32 (“The demodulation reference signals (DMRS) for physical uplink shared channel (PUSCH) to carry the data signal may be associated with one-to-one or many-to-one mapping with the transmitted preamble sequence.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of Patent Owner’s filing to add such features to Shao. Shao discloses transmitting preambles in accordance with the claim, and TS38.211 discloses the industry standard for the production of DM-RS in a system like Shao. Further, one of ordinary skill in the art would have considered such to merely be an example of simple substitution of one known element for another to obtain predictable results. MPEP § 2143 I. B., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Charles Craver whose telephone number is (571) 272-7849. The Examiner can normally be reached on Monday - Friday 8:30-5:30 PT Pacific Time.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Andrew J. Fischer can be reached on 571-272-6779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Signed,
/CHARLES R CRAVER/Reexamination Specialist, Art Unit 3992
Conferees: /DAVID E ENGLAND/ Primary Examiner, Art Unit 3992
/M.F/Supervisory Patent Examiner, Art Unit 3992
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