UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/594,938
`
`05/ 15/2017
`
`ALEXANDER GOLITSCHEK
`EDLER VON ELBWART
`
`731456.436C1
`
`8663
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`NGUYEN” LEE
`
`PAPER NUMBER
`
`ART UNIT
`
`2647
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/14/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`iii A i [7 mm r
`0 06 0,0 3”
`ay
`
`Application No.
`15/594,938
`
`Examiner
`LEE NGUYEN
`
`Applicant(s)
`GOLITSCHEK EDLER VON
`ELBWART e
`Art Unit
`2647
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)D Responsive to communication(s) filed on
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)U This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)|:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)C] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expa/ie Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—15 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—7 and 10—15 is/are rejected.
`
`Claim(s) fl is/are objected to.
`
`) )
`
`6 7
`
`8)
`
`
`
`)9
`are subject to restriction and/or election requirement
`E] Claim(s)
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)E] The specification is objected to by the Examiner.
`
`11)l:j The drawing(s) filed on
`
`is/are: a)C] accepted or b)C] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)l:] Some**
`
`c)l:] None of the:
`
`1.- Certified copies of the priority documents have been received.
`
`2D Certified copies of the priority documents have been received in Application No.
`
`3.|:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) [:] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) D Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190308
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under first
`
`inventor to file provisions of the AIA.
`
`Priority
`
`1.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`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.
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
`
`4.
`
`Claims 1-3, 11, 13-15 are rejected under 35 U.S.C. 102(a)(2) as being
`
`anticipated by Alexey et al (US 2016/0381587).
`
`Regarding claims 1/14/15, Alexey teaches a method/mobile station/non-transitory
`
`computer readable medium for reporting channel state information, CSI, from a
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 3
`
`mobile station UE to a base station eNB in a mobile communication system in which a
`
`plurality of downlink component carriers and at least one uplink component carrier
`
`are configured for communication between the base station and the mobile station,
`
`the method comprising (Fig. 1, 3; 110003: 3GPP, LTE, WiFi), by the mobile station:
`
`receiving from the base station a trigger message that triggers the reporting of channel
`
`state information for at least one of the plurality of downlink component carriers (110053:
`
`
`
`in 3GB? LTL, aperiodic CS" reporting employs a triggering
`
`
` mechanism to tell the UE when to report the CS:
`
`
`
`
`
`
`to the eN3.Lthe
`
`
`trigger message being received in a subframe nTrigger 72, 74 (110059: The cs:
`
`
`trigger 72 coincides with one o:
`
`
`
`the DL subframes where the UL
`
`grant 74 is transmittedfland
`
`reporting to the base station, the triggered channel state information for the at least one
`
`of the plurality of downlink component carriers based on reference signals, RS, present
`
`on the at least one of the plurality of downlink component carriers, in a subframe
`
`nReport 76 later than nTrigger 72, 74 (Fig. 3; PUSCH 76 containing the CSI report later
`
`than CSI trigger 72, 74),
`
`wherein the received trigger message indicates that the reference signals, RS, on the
`
`
`basis of which the channel state information is to be reported (110055: UE
`
`
`
`measurements are performed on downlink reference symbols
`
`(RS),
`
`
`
`
`(CR8) or CS" re‘erence
`either cell—speci‘ic re‘erence symbols
`
`
`
`
`
`symbols
`
`
`(CSZZ—RS) .), are present in a subframe nRS 70 (Fig. 3) on the at least one
`
`
`of the plurality of downlink component carriers (110053: The CS: measurement
`
`
`
`includes one or more 0: channel quality indicator (CQ"),
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 4
`
`
`
`
`
`precoding matrix indicator (PM"), and rank indicator (R")
`‘or
`
`each downlink component carrier (CC)J,Whmerfl7©ger02,74k;nRS
`
`(70)g < nReport (76) (See Fig. 3).
`
`Regarding claim 2, Alexey teaches wherein the trigger message is received in form of a
`
`downlink control information, DCI, format, preferably carrying an uplink resource
`
`asdgnmentflm053:0ne triggering mechanism is a bit in the downlink
`
`
`
`(DC") Format O—UL grant, which provides resource
`controi signa'
`
`
`
`aiiocation in
`ormaLion "or subsequent UL transmissions, known
`
`
`
`
`herein as an uplink grant)
`
`Regarding claim 3, Alexey teaches wherein the triggered channel state information is
`
`reported aperiodically by the mobile station, thereby defining an aperiodic channel state
`
`information, CSI, report, and, preferably, the aperiodic channel state information report
`
`is reported in the physical uplink shared channel, PUSCH, on the at least one uplink
`
`component carrier (1l0059: Aperiodic CSI report, PUSCH).
`
`Regarding claim 11, Alexey teaches wherein the reference signals, indicated by the
`
`received trigger message, are at least one of:
`
`cell-specific reference signals, CR8; and channel state information reference signals,
`
`CSl-RS (110055).
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 5
`
`Regarding claim 13, Alexey wherein the mobile station is configured with at least one
`
`channel state information, CSI, reference signal,
`
`wherein the CSI reference signal configuration is indicated in the trigger message
`
`received from the base station, and preferably, the trigger message is received in form
`
`of a downlink control information, DCI, format, preferably carrying an uplink resource
`
`angnmentflm053:One triggering mechanism is a bit in the downlink
`
`
`
`(DC") Format O—UL grant, which provides resource
`controi signa'
`
`
`
`aiiocation in ormaLion "or subsequent UL transmissions, known
`
`
`
`
`herein as an uplink grant)
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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.
`
`6.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly owned as of the effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`owned as of the effective filing date of the later invention in order for the examiner to
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 6
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`7.
`
`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.
`
`8.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Alexey in
`
`View of Xiong et al (US 2016/0007350).
`
`Regarding claim 4, Alexey does not teach wherein the trigger message is received in
`
`the subframe nTrigger on another one of the plurality of downlink component carriers
`
`which is different from the at least one of the plurality of downlink component carriers for
`
`which the reporting is triggered, and, preferably, the at least one of the plurality of
`
`downlink component carriers is an unlicensed component carrier and the other one of
`
`the plurality of downlink component carriers is a licensed component carrier. Xiong
`
`teaches wherein the trigger message is received in the subframe nTrigger on a licensed
`
`component carrier which is different from an unlicensed component carrier (110118-
`
`0119: Fig. 10: steps 1005, 1010, 1015). It would have been obvious to one having skill
`
`in the art before the invention was made to include the unlicensed spectrum of Xiong
`
`into the system of Alexey in order to increase data throughput of the LTE system
`
`(10023)
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 7
`
`9.
`
`Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Alexey
`
`in view of Shah et al (US 2015/0236839).
`
`Regarding claims 5-7, Alexey does not teach wherein the received trigger
`
`message indicates that the reference signals, on the basis of which the channel
`
`state information is to be reported, are present in a set of sub-bands, S, which spans
`
`the downlink system bandwidth of the at least one of the plurality of
`
`downlink component carriers, wherein the reporting further includes:
`
`evaluating reference signals of contiguous or distributed physical resource
`
`blocks in the set of sub-bands, S, on the at least one of the plurality of downlink
`
`component carriers; and
`
`reporting the triggered channel state information on an uplink component carrier based
`
`on the evaluated reference signals for the at least one of the plurality of downlink
`
`component carriers, and wherein the triggered channel state information is reported in
`
`form of one or two channel quality indicator, CQI, value(s) for a set of sub-bands, S,
`
`which spans the downlink system bandwidth of the at least one of the plurality of
`
`downlink component carriers.
`
`Shah teaches wherein the received trigger message indicates that the reference
`
`signals, on the basis of which the channel state information is to be reported, are
`
`present in a set of sub-bands, S, which spans the downlink system bandwidth of the at
`
`least one of the plurality of downlink component carriers (110038: For instance,
`
`the
`
`
`
`eNode3 may broadcast the reference signal
`
`
`in prede‘ined resource
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 8
`
`elements distributed throughout
`
`the bandwidth and throughout
`
`each physical resource block.LVWKNemtherepoflMgfuflherMCMdeS
`
`evaluating reference signals of contiguous or distributed physical resource
`
`blocks in the set of sub-bands, S, on the at least one of the plurality of downlink
`
`component carriers; and
`
`reporting the triggered channel state information on an uplink component carrier based
`
`on the evaluated reference signals for the at least one of the plurality of downlink
`
`
`componentcankws(fl0039:] Depending on configuration and operational
`
`state,
`
`
`
`the UE may be arranged to evaluace she reference signal
`
`across the entire channel bandwidth so as to establish and
`
`
`
`
`
`
`
`report a channel—wide CQZ value generally for she entire channel
`
`
`
`
`
`
`bandwidth, or the U
`
`signal
`
`
`
`
`
`I)
`
`
`in particular sub—bands consisting 0: specific ranges or
`
`
`
` L‘LJ may be arranged to evaluate the reference
`
`
`physical resource blocks, and to provide the eNode3 with a sub—
`
`
`
`
`band CQl report specifying CQl valies respeCtively for various
`
`
`
`
`
`
`
`
`
`sub—bands. The U3 may be arranged so cransmic she channel—wide
`
`
`
` CQl report or sub—band CQl report
`
`so she eNode? periodically,
`
`in
`
`an uplink control channel or along with uplink data transmission
`
`
`to the eNode3.), and wherein the triggered channel state information is reported in
`
`form of one or two channel quality indicator, CQI, value(s) for a set of sub-bands, S,
`
`which spans the downlink system bandwidth of the at least one of the plurality of
`
`
`
`downlink component carriers (110039: Depending on configuration and
`
`operational state,
`
`L‘LJ
`the US may be arranged to evaluate the
`
` reference signal across the entire channel bandwidth so as to
`
`
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 9
`
`
`
`establish and report a channel—wide CQZ value generally for the
`
`
`
` L‘LJ
`entire channel bandwidth, or the US may be arranged to evaluate
`
`
`the reference signal
`
`
`in particular sub—bands consisting o;
`
`
`
`specific ranges 0: physical resource blocks, and to provide the
`
`
`
`
`
`eNodeB with a sub—band CQI report specifying CQZ values
`
`.L
`
`respectively for various sub—bands. The US may be arranged to
`
`
`
`transmit the channel—wide CQI report or sib—band CQI report to
`
`
`
`
`
`
`
`the eNode? periodically,
`
`in an uplink control channel or along
`
`
`with uplink data transmission to the eNode3))thomdhavebeen
`
`obvious to one having skill in the art before the invention was made to include
`
`evaluation and reporting the channel quality indicator of Shah into the communication
`
`system of Alexey in order to enable the eNodeB to communicate with the UE with a
`
`highest modulation and coding scheme (110043: MCS).
`
`10.
`
`Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Alexey in
`
`view of Chmiel et al (US 2011/0317657).
`
`Regarding claim 10, Alexey does not teach wherein, in case a physical downlink shared
`
`channel, PDSCH, utilizes the same subframe nRS in which the reference signals are
`
`present, the mobile station assumes a punctured PDSCH transmission.
`
`Chmiel teaches wherein, in case a physical downlink shared channel, PDSCH, utilizes
`
`the same subframe nRS in which the reference signals are present, the mobile station
`
`
`assumes a punctured PDSCH transmission (110097: In accordance with the
`
`
`
`exemplary embodiments of this invention, before the U
`
` L‘LJ
`
`10 has
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 10
`
`
`knowledge that the eN? ’7 has correCtly acquired the radio
`
`
`capabilities o_ she U
`
`
`
`
`
`
`
`
`_*_i
`’O (and thus the release (e.g., Rel—8,
`
`
`
`the PDSCH transmission to the UE 10 is
`
` L‘LJ
`
`10 (i.e.,
`
`
`
`punctired by CSI—RS REs and bOth the eN3 12 and the US
`
`
`
`i7fi) use this
`10 and eNB 12 QRC/PHY (Li) Junctions lOfi,
`
`
`Rel—lO) of the UE),
`
`
`
`
`
`the UI
`
`L‘LJ
`
`
`
`
`
`
`
`
`
`
`assumption when transmitting/rate natching and receiving/de—rate
`
`
`matching, respectively) whenever PDSCH and CSI—RS happen to be
`
`
`transmitted in the same sub—frameJthomdhavebeenobWoustoone
`
`having skill in the art before the invention was made to include the puncturing in the
`
`shared channel of Chmiel into the communication system of Alexey in order to puncture
`
`out the resource element so as to protect the reference signal.
`
`11.
`
`Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Alexey in
`
`View of Guo et al (US 2014/0369293).
`
`Regarding claim 12, Alexey fails to teach wherein the mobile station is configured with
`
`at least one channel state information, CSI, reference signal including at least one of:
`
`a non-zero-power CSI-RS configuration for which the mobile station assumes non-zero
`
`transmission power in a subframe nsz-csi-Rs = nRS; and
`
`a zero-power CSI-RS configuration for which the mobile station assumes
`
`zero transmission power in a subframe an-CSl-RS $an and, preferably,
`
`wherein the subframe nZP-cSI-RS is earlier than the subframe nsz—cSl-RS,
`
`where nTrigger s nZP-cSI-RS.S nsz—cSI-RS.
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 11
`
`Guo teaches wherein the mobile station is configured with at least one channel state
`
`information, CSI, reference signal including a non-zero-power CSl-RS configuration for
`
`which the mobile station assumes non-zero transmission power in a subframe nsz-csi-
`
`Rs = nRS (110016, 0019: subframe offset of the non-zero power CSl-RS)). It would have
`
`been obvious to one having skill in the art before the invention was made to include the
`
`CSI reference signal of Guo into the system of Alexey in order to achieve the effects of
`
`reduction in resource wastage, and prevention of interference to data demodulation
`
`from a control domain (110042).
`
`Allowable Subject Matter
`
`12.
`
`Claims 8-9 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.
`
`Regarding claim 8, the prior art of record fails to teach wherein the triggered channel
`
`state information is reported in form of:
`
`a single channel quality indicator, CQI, value, corresponding to a codeword, if the
`
`mobile station is not configured to report rank indicator, Rl, feedback, or if the to be
`
`reported Rl = 1; and
`
`two channel quality indicator values, corresponding to different codewords, if the to be
`
`reported Rl > 1.
`
`Regarding claim 9, the prior art of record fails to teach wherein the triggered channel
`
`state information is reported in the form of:
`
`

`

`Application/Control Number: 15/594,938
`Art Unit: 2647
`
`Page 12
`
`a wideband channel quality indicator, CQI, value per codeword which is
`
`calculated assuming downlink transmission using a single precoding matrix in all sub-
`
`bands and that the reference signals are present on a set of sub-bands, S; and
`
`a selected precoding matrix indicator, PM I, or a first and second precoding matrix
`
`indicator corresponding to the selected single precoding matrix,
`
`wherein the single precoding matrix is selected from the codebook subset assuming
`
`downlink transmission on the set of sub-bands, S, and
`
`wherein the to be reported precoding matrix indicator, PMI, and the to be reported
`
`channel quality indicator, CQI, values are calculated conditioned on the reported rank
`
`indicator, RI, or are calculated conditioned on RI = 1.
`
`13.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LEE NGUYEN whose telephone number is (571)272-
`
`7854. The examiner can normally be reached on MON - FRI 8:00 - 4:00.
`
`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, YUWEN PAN can be reached on 571-272—7855. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`