INTERDIGITAL PATENT HOLDINGS, INC.

Patent Trials and Appeals Board

Sep 2, 2021

2020002833 (P.T.A.B. Sep. 2, 2021)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/782,251 10/02/2015 Moon-il Lee I5GPHY_11766US02 6369
15800 7590 09/02/2021
Condo Roccia Koptiw LLP
1800 JFK Boulevard
Suite 1700
Philadelphia, PA 19103
EXAMINER
CHU, WUTCHUNG
ART UNIT PAPER NUMBER
2468
MAIL DATE DELIVERY MODE
09/02/2021 PAPER
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.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte MOON-IL LEE and NOBUYUKI TAMAKI
____________

Appeal 2021-002833
Application 14/782,251
Technology Center 3600
____________

Before ALLEN R. MacDONALD, ANTON W. FETTING, and
JEREMY J. CURCURI, Administrative Patent Judges.

FETTING, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2021-002833
Application 14/782,251

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STATEMENT OF THE CASE1
Moon-il Lee and Nobuyuki Tamaki (Appellant2) seek review under
35 U.S.C. § 134 of a final rejection of claims 1–5, 7, 12, 26–32, 34, and 35,
the only claims pending in the application on appeal. We have jurisdiction
over the appeal pursuant to 35 U.S.C. § 6(b).
The Appellant invented a form of an enhanced physical downlink
control channel (EPDCCH). Specification para. 3.
This invention is in the context of wireless communications with Long
Term Evolutions (LTE) technology. Part of the communication protocol has
control information being included in the signal in a physical downlink
control channel (PDCCH), for which the receiver must search. The portions
of the signal subject to such search are referred to as a search space. The
search process includes signal decoding and is referred to as blind decoding.
This process as such has been in place since at least the advent of LTE 3G
communications.
Among the data monitored in PDCCH is downlink control
information (DCI) and system information. Kim 4:23–25.
An enhanced physical downlink control channel (EPDCCH) (e.g., in
LTE release 11) may be used to achieve frequency domain inter-cell

1 Our decision will make reference to the Appellant’s Appeal Brief (“Appeal
Br.,” filed November 8, 2019) and Reply Brief (“Reply Br.,” filed February
27, 2020), and the Examiner’s Answer (“Ans.,” mailed December 31, 2019),
and Final Action (“Final Act.,” mailed April 8, 2019).
2 We use the word “Appellant” to refer to “applicant” as defined in
37 C.F.R. § 1.42. Appellant identifies the real party in interest as
InterDigital, Inc. (Appeal Br. 3).

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interference coordination (ICIC), and beamforming gain. Spec. para. 19.
DCI is similarly monitored in EPDCCH. Spec. para. 4. According to the
EPDCCH transmission mode (e.g., localized EPDCCH and distributed
EPDCCH), the antenna port mapping techniques may be different, as one or
more, or each, EPDCCH transmission mode may be used for different
system and channel environments. Spec. para. 28. A subframe may be
configured to monitor EPDCCH, for example perhaps if EPDCCH might not
be available in that subframe. Spec. para. 33.
An understanding of the invention can be derived from a reading of
exemplary claim 1, which is reproduced below (bracketed matter and some
paragraphing added).
1. A method comprising:
[1] receiving,
by a wireless transmit/receive unit (WTRU),
a first information,
wherein the first information indicates a first type
common search space (CSS) associated with a
channel;
[2] monitoring the first type CSS;
[3] determining,
using information associated with the first type
CSS,
a first type downlink control information (DCI)
and
a system information;
[4] determining,
from the system information,
a second type CSS associated with the channel;
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[5] monitoring the second type CSS determined from the system
information;
[6] determining,
using information from the second type CSS,
a second type downlink control information (DCI);
and
[7] using at least one of the first type DCI or the second type DCI
for at least one of:
receiving a page
or
receiving a random-access channel (RACH) response.

The Examiner relies upon the following prior art:
Name Reference Date
Kim US 9,510,219 B2 Nov. 29, 2016
Golitschek US 9,723,626 B2 Aug. 1, 2017
Saito US 2013/0121295 A1 May 16, 2013

Claims 1–3, 5, 7, 12, 26–28, 30–32, 34, and 35 stand rejected under
35 U.S.C. § 103(a) as unpatentable over Kim and Golitschek.3

ISSUES
The issues of obviousness turn primarily on claim breadth and
whether the art describes the claim limitations as recited.

3 A rejection of Claims 1, 12, 26, 34, and 35 under 35 U.S.C. § 103(a) as
unpatentable over Saito and Golitschek (Final Action 8) was withdrawn.
Ans. 3.
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FACTS PERTINENT TO THE ISSUES
The following enumerated Findings of Fact (FF) are believed to be
supported by a preponderance of the evidence.
Facts Related to the Prior Art
Kim
01. Kim is directed to monitoring a downlink control channel in a
wireless communication system. Kim 1:20–23.
02. Kim describes a disclosure from 3GPP TS 36.211 V10.2.0
(2011-06) “Evolved Universal Terrestrial Radio Access (E-
UTRA); Physical Channels and Modulation (Release 10),” that
says a physical channel of 3GPP LTE/LTE-A can be classified
into a downlink channel, i.e., a physical downlink shared channel
(PDSCH) and a physical downlink control channel (PDCCH), and
an uplink channel, i.e., a physical uplink shared channel (PUSCH)
and a physical uplink control channel (PUCCH). Kim 1:31–40.
03. Kim describes examples of a physical control channel in 3GPP
LTE/LTE-A, including a physical downlink control channel
(PDCCH), a physical control format indicator channel (PCFICH),
and a physical hybrid-ARQ indicator channel (PHICH), as
disclosed in 3GPP TS 36.211 V10.2.0. Kim 3:63–67.
04. Kim describes system information transmitted on the PDCCH
and describes control information transmitted through the PDCCH
referred to as downlink control information (DCI). Kim 4:23–25.
05. Kim describes 3GPP LTE as using blind decoding for PDCCH
detection. The blind decoding is a scheme in which a desired
identifier is de-masked from a CRC of a received PDCCH
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(referred to as a candidate PDCCH) to determine whether the
PDCCH is its own control channel. A wireless device cannot
know about a specific position in a control region in which its
PDCCH is transmitted and about a specific CCE aggregation or
DCI format used for PDCCH transmission. A plurality of
PDCCHs can be transmitted in one subframe. The wireless device
monitors the plurality of PDCCHs in every subframe. Monitoring
is an operation of attempting PDCCH decoding by the wireless
device according to a format of the monitored PDCCH. The 3GPP
LTE uses a search space to reduce a load of blind decoding. The
search space can also be called a monitoring set of a CCE for the
PDCCH. The wireless device monitors the PDCCH in the search
space. The search space is classified into a common search space
and a UE-specific search space. The common search space is a
space for searching for a PDCCH having common control
information and consists of 16 CCEs indexed with 0 to 15. The
common search space supports a PDCCH having a CCE
aggregation level of {4, 8}. However, a PDCCH (e.g., DCI
formats 0, 1A) for carrying UE-specific information can also be
transmitted in the common search space. The UE-specific search
space supports a PDCCH having a CCE aggregation level of {1, 2,
4, 8}. Kim 5:42–6:2.
06. Kim describes a size of the search space is determined by Table
1, and a start point of the search space being defined differently in
the common search space and the UE-specific search space.
Although a start point of the common search space is fixed
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irrespective of a subframe, a start point of the UE-specific search
space may vary in every subframe according to a UE identifier
(e.g., C-RNTI), a CCE aggregation level, and/or a slot number in a
radio frame. If the start point of the UE-specific search space
exists in the common search space, the UE-specific search space
and the common search space may overlap with each other. Kim
6:17–27.
07. Kim describes a search space and a DCI format used in
monitoring being determined according to a transmission mode of
the PDSCH when the wireless device monitors the PDCCH by
using the C-RNTI. Kim 6:51–55.
08. Kim describes an enhanced PDCCH (EPDCCH) introduced in
order to decrease an overhead caused by CRS transmission. Kim
describes subframes having an EPDCCH. The subframe may
include zero or one PDCCH region and zero or more EPDCCH
regions.
09. Kim describes The PDCCH subframe and the EPDCCH
subframe being properly combined and operated according to a
feature of control information. For example, information for
changing and updating importance information such as system
information and cell selection/reselection information or broadcast
information or information masked with SI-RNTI, P-RNTI, and
RA-RNTI may be monitored in a PDCCH region, and scheduling
information (i.e., DL grant and UL grant) may be monitored in the
EPDCCH. Information transmitted on the PDCCH is not
transmitted on the EPDCCH. Alternatively, in the EPDCCH
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region, a common search space (CSS) may not exist in the
EPDCCH region, and only a UE-specific search space (USS) may
exist. Kim 11:31–43.
10. Kim describes high reliability being required because the E-CSS
is aiming at the delivery of system information and control
information for a plurality of wireless devices. Therefore, for
example, a relatively higher aggregation level such as {4, 8} is
preferably used. If the E-USS is defined for an aggregation level
L={1, 2, 4, 8}, the wireless device must know a fact that an E-
CSS DCI format may be detected at L={4, 8}. In this case, if the
E-CSS is configured with the same size as the DCI format 1A/0, a
similar method of distinguishing the DCI format 1A/0 can be
applied to the E-CSS DCI format, thereby being able to decrease
blind decoding complexity. To distinguish the E-CSSDCI, DCI
may include an indicator for distinguishing the CSS/USS. Kim
13:42–55.
Golitschek
11. Golitschek is directed to indicating a Time Division Duplex
uplink/downlink configuration for a mobile station. Golitschek
1:7–9.
12. Golitschek describes a variant in which a TDD-DCI reception
window is defined, which is to be understood as restricting where
the mobile station expects TDD-DCI message to just particular
subframes and/or radio frames. In other words, a preferably
periodic pattern of subframes and/or radio frames is defined as the
TDD-DCI reception window, where the TDD configuration
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message can be transmitted by the base station, and/or only needs
to be received and detected by the mobile station. Golitschek
15:14–21.
ANALYSIS
The Examiner initially determined that Kim describes the two
common search spaces at Kim 5:56–65 and 11:31–48. Final Act. 3. As
Appellant correctly argued, the second citation improperly describes a user
equipment specific search space rather than a common search space. Appeal
Br. 11. Rather than reopen prosecution, the Examiner switched theories in
the Answer, determining that two common search spaces are described in
Kim 13:46–14:64. Ans. 4–5. See FF 09–10. We now turn to the Reply
Brief arguments as to this rejection theory.
Appellant advances two arguments in response to this new rejection
theory. First, that “Kim nowhere teaches or even suggests a first type
common search space (CSS) associated with a channel and a second type
CSS associated with the channel.” Reply Br. 2. Second, that “Kim nowhere
teaches or even suggests determining, using information associated with the
first type common search space, a first type downlink control information
(DCI) and a system information.” Reply Br. 4.
As to the first argument, Appellant contends that claim 1 limitation 4
“determining, from the system information, a second type CSS associated
with the channel” requires that both first and second type CSS’s must come
from the same channel, and that Kim does not describe this because Kim
describes separate PDCCH and EPDCCH channels. Reply Br. 2–3. The
problem for Appellant is that this argument is not commensurate with claim
breadth. The claims do not recite or narrow what channel is referred to.
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LTE relies on a large number of physical, logical, and virtual channels,
which overlap one another in many ways.4 In particular, the physical
downlink channel contains both the PDCCH and EPDCCH. FF 02. Also,
Kim describes a subframe having zero or one PDCCH region and zero or
more EPDCCH regions. FF 08.
As to the second argument, Appellant contends that “the Examiner's
Answer alleges only that Kim teaches determining system information from
a CSS. That is, the Examiner's Answer is completely silent on Kim teaching
‘determining, using information associated with the first type CSS, a first
type downlink control information (DCI) and a system information,’ as
claimed.” Reply Br. 4. Kim, however describes system information
transmitted on the PDCCH and describes control information transmitted
through the PDCCH referred to as downlink control information (DCI). FF
04.
Appellant goes on to contend “[t]here is no indication in this portion
of Kim indicating a CSS at all, much less determining a DCI using
information associated with a first type CSS.” Id. Initially we determine
that that the claim does not recite or narrow the manner of “determining,”
“using,” and “associated with.” Thus any manner of association, even
indirect, and any manner of using and determining are within the claim
scope. Again, Kim describes system information transmitted on the PDCCH
and describes control information transmitted through the PDCCH referred

4 See e.g., LTE Communication Channels, Tutorials Point, https://www
.tutorialspoint.com/lte/lte_communication_channels.htm, last visited August
31, 2021.
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to as downlink control information (DCI). The PDCCH and therefore
information regarding it is associated with the CSS. FF 09.
CONCLUSIONS OF LAW
The rejection of claims 1–3, 5, 7, 12, 26–28, 30–32, 34, and 35 under
35 U.S.C. § 103(a) as unpatentable over Kim and Golitschek is proper.
CONCLUSION
The rejection of claims 1–5, 7, 12, 26–32, 34, and 35 is affirmed.
In summary:
Claims
Rejected
35 U.S.C.
§
Reference(s)/Basis  Affirmed Reversed
1–3, 5, 7, 12,
26–28, 30–
32, 34, 35
103 Kim Golitschek 1–3, 5, 7, 12,
26–28, 30–
32, 34, 35

No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2011).

AFFIRMED