DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Terms
Synchronization signal – PSS, SSS, PCC, SCC
Carrier type – prime carrier, legacy carrier backward compatible with REL 8, 9, 10; non-prime carrier, not always backwards compatible
First downlink carrier – prime downlink carrier
Second downlink carrier – non-prime downlink carrier
Other prior art
Si (US-20180248642) fig.15, fig.16, fig.17a, fig.21b, fig.28b [0165] The information related to the SS burst set include the SS burst set periodicity, the number of SS burst(s) per SS burst set, the number of SS blocks per burst, the frequency offset of the SS burst set, the time offset of each burst, the time offset of each SS block in a burst, etc. Some of the information can be fixed to reduce the signaling overhead as well as the complexity and power saving for UE searching, e.g., the SS burst set periodicity, the time offset of the 1.sup.st SS block per SS burst, etc; [0309] Also the time offset between the 1.sup.st TRS and the NR-SS block could pre-defined or configurable. If configurable, the indication can be in MIB or SIB
Seo (US-20200351924) fig.7, fig.8, [0220] When the UE knows that some resources on a control channel candidate to be monitored overlap with the SSB, the UE may perform puncturing of the overlapping resource region
Response to Arguments
Applicant’s arguments, filed 07/21/2025, with respect to the rejection(s) of claim(s) 1-46 under section 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-11, 24-34, 47-68 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11523420. Although the claims at issue are not identical, they are not patentably distinct from each other.
As to claim 1, 24: US11523420 teaches a method comprising:
receiving, by a wireless device: a first plurality of synchronization signals, in a time interval, via a first downlink carrier corresponding to a first carrier type (claim 1); and a second plurality of synchronization signals, in the time interval, via a second downlink carrier corresponding to a second carrier type (claim 1), wherein, in the time interval, the first plurality of synchronization signals of the first downlink carrier are offset, in symbols, from the second plurality of synchronization signals of the second downlink carrier (claim 1), and wherein the second plurality of synchronization signals of the second downlink carrier overlap, in time, with a control channel of the first downlink carrier (claim 1); and communicating with a base station via the first downlink carrier and the second downlink carrier (claim 1).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW CHUNG SUK OH whose telephone number is (571)270-5273. The examiner can normally be reached M-F 12p-8p.
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/ANDREW C OH/ Primary Examiner, Art Unit 2466
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