6DETAILED 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 .
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).
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Claims 1, 6-10, 15-19 and 24-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11523381. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed patent disclose all the limitation of claimed application by rearranging the claims as following
Patent Application
1, 10 and 17. A method comprising:
receiving, by a wireless device, first downlink control information (DCI) scheduling associated with a first control resource set (CORESET) group index;
receiving second DCI activating a scheduling configuration associated with a second CORESET group index, wherein the
receiving the first PDSCH transmission; and determining, based on whether the first CORESET group index and the second CORESET group index are different values, whether to receive the SPS PDSCH transmission.
2. The method of claim 1, further comprising: receiving, based on the first CORESET group index and the second CORESET group index being different values, the SPS PDSCH transmission; and sending an acknowledgement of reception of the first PDSCH transmission and the SPS PDSCH transmission.
6. The method of claim 1, wherein the determining whether to receive the SPS PDSCH transmission is further based on a capability of the wireless device for simultaneous reception of at least two transmissions.
5. The method of claim 1, wherein the first CORESET group index and the second CORESET group index are the same value, wherein the receiving the first PDSCH transmission is based on a determination that the first PDSCH transmission has a higher priority than the SPS PDSCH transmission, and wherein the method further comprises not receiving the SPS PDSCH transmission.
1, 10 and 19. A method comprising:
receiving, by a wireless device, first downlink control information (DCI) scheduling a downlink transmission
associated with a first control resource set (CORESET) group index;
receiving second DCI activating a scheduling configuration associated with a second CORESET group index, wherein the downlink transmission overlaps in time with a semi- persistent scheduling (SPS) transmission associated with the scheduling configuration; and
after receiving the first DCI and the second DCI and based on comparing the first coreset group index and the second coreset group index, determining whether to receive the downlink transmission and the SPS transmission.
28-30, The method of claim 1, wherein the determining that the first CORESET group index and the second CORESET group index are different values is performed based on determining that the downlink transmission overlaps in time with the SPS transmission.
8, 17 and 26. The method of claim 1, wherein the downlink transmission comprises a physical downlink shared channel (PDSCH) transmission.
6, 15 and 24. The method of claim 5, further comprises receiving the downlink transmission after reception of the SPS transmission.
7, 16 and 25. The method of claim 5, further comprises receiving the downlink transmission before reception of the SPS transmission.
9, 18 and 27. The method of claim 1, wherein the receiving the at least one of the downlink transmission or the SPS transmission comprises receiving the downlink transmission based on prioritizing reception of the downlink transmission over the SPS transmission.
Therefore, the applicant is attempting to broaden the parent application's claims by eliminating some of the claim elements in the continuation at issue here. If allowed, the application at bar would unjustly extend applicant patent protection beyond the statutory period of the patent while, at the same time, granting broader protection to the application.
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.
Claim(s) 1, 8, 10, 17, 19, 26 and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan [US 2020/0413411 has a provisional application 62/868576] in view of Matsumura [US 2022/0240228] and Jung [US 2021/0058113 which claim priority of application KR 10-2019-0104052, 8/23/2019].
As claims 1, 10 and 19, Khoshnevisan [US 2020/0413411] discloses a method comprising receiving, by a wireless device, first downlink control information (DCI) scheduling a downlink transmission associated with a first control resource set (CORESET) group index [Fig 7, Ref RDCCH1 which associated with coreset group index 1, scheduling PDSCH1, Fig 8, Ref 802, Fig 9]; receiving second DCI activating a scheduling configuration associated with a second CORESET group index [Fig 7, Ref RDCCH2 which associated with coreset group index 1, activates a scheduling for PDSCH2, Fig 8, Ref 802, Fig 9], wherein the downlink transmission overlaps in time with a semi-persistent scheduling (SPS) transmission associated with the scheduling configuration [Fig 9, PDSCH1 and PDSCH2 are overlapping] and after receiving the first DCI and the second DCI [Fig 9 discloses PDCCH1 and PDCCH2 are received before PDSCH1 and PDSCH2] and based on the first coreset group index and the second coreset group index are different values, receiving the downlink transmission and the SPS transmission [Par. 0086 discloses receiving the PDSCHs based on coreset group indexes are different values]. However, Khoshnevisan fails to disclose based on the determined that the first coreset group index and the second coreset group index are different values, receiving the downlink transmission and the SPS transmission. In the same field of endeavor, Matsumura [US 2022/0240228] discloses based on the determined that the first coreset group index and the second coreset group index are different values [Fig. 3a, 4a, 5a discloses determining the first coreset group index and the second coreset group index are different values such as group 1 for PDCCH 1 and PDSCH 1 and Group 2 for PDCCH 2 and PDSCH 2, then monitoring PDSCH1 and PDSCH2 according to the group coreset index to receive PDSCH1 and PDSCH2, Par. 0098, 0106, 0116, 0125]. However, Khoshnevisan and Matsumura fail to disclose based on the first coreset group index and the second coreset group index are different values, receiving the downlink transmission and the SPS transmission. In the same field of endeavor, Jung discloses based on the first coreset group index and the second coreset group index are different values, receiving the first downlink transmission and second downlink transmission [Fig 12 discloses first group coreset index which associated with PDCCH1 and PDSCH1 and second group coreset index which associated with PDCCH1 and PDSCH1 wherein the first and second coreset group index are different, the UE monitors first/second group coreset index to receive PDCCH1/2 which includes the coreset of group 1/2 for UE to receive PDSCH1/2].
Since, a group coreset index which configured for PDDCH, PDSCH of base station, includes the coreset which is monitor by UE to receive PDCCH and PDSCH. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for based on the first coreset group index and the second coreset group index are different values, receiving the first downlink transmission and second downlink transmission into the teaching of based on the determined that the first coreset group index and the second coreset group index are different values for receiving the PDSCH which associates with group coreset index that associated with PDCCH as disclosed by Matsumura into the teaching of Khoshnevisan. The motivation would have been to improve throughput of the system.
As claims 8, 17 and 26, Khoshnevisan discloses the downlink transmission
comprises a physical downlink shared channel (PDSCH) transmission [Fig 7].
As claims 28-30, Matsumura discloses determining that the first coreset group index and the second coreset group index are different values is performed based on determining that the downlink transmission overlaps in time with the SPS transmission [Fig 3A, 4A, 5A discloses based on PDSCH1 and PDSCH2 are overlapped, the determining the group index of each DCI is different “allowed” or equal “not allowed”].
Claim(s) 6-7, 15-16 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan [US 2020/0413411 has a provisional application 62/868576], Jung and Matsumura as claims 1, 10 and 19 and further in view of in view of Fakoorian [US 2021/0051670].
As claims 6, 15 and 24, Khoshnevisan, Jung and Matsumura fail to fully disclose what Fakoorian discloses the receiving the downlink transmission and the SPS transmission further comprises receiving the downlink transmission after reception of the SPS transmission [Fig 2 discloses 205 SPS PDSCH is received before 210 PDSCH].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for receiving PDSCH after receiving SPS as disclosed by Fakoorian into the teaching of Khoshnevisan, Jung and Matsumura. The motivation would have been to improve throughput of the system.
As claims 7, 16 and 25, Khoshnevisan, Jung and Matsumura fail to fully disclose what Fakoorian discloses the receiving the downlink transmission and the SPS transmission further comprises receiving the downlink transmission before reception of the SPS transmission [Fig 6 discloses 615 PDSCH is received before 610 SPS PDSCH].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for receiving PDSCH after receiving SPS as disclosed by Fakoorian into the teaching of Khoshnevisan, Jung and Matsumura. The motivation would have been to improve throughput of the system.
Claim(s) 9, 18 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan [US 2020/0413411 has a provisional application 62/868576], Jung and Matsumura as claims 1, 10 and 19 and further in view of in view of Yi [US 2018/0352582].
As claims 9, 18 and 27, Khoshnevisan, Jung and Matsumura fail to disclose what Yi discloses receiving the downlink transmission based on prioritizing reception of the downlink transmission over the SPS transmission [Table 5, PDSCH has higher priority over SPS PDSCH].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for receiving PDSCH after receiving SPS as disclosed by Yi into the teaching of Khoshnevisan, Jung and Matsumura. The motivation would have been to improve throughput of the system.
Claim(s) 1, 8, 10, 17, 19, 26 and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan [US 2021/0022167] in view of Matsumura [US 2022/0240228] and Kim [US 12171007].
As claims 1, 10 and 19, Khoshnevisan discloses a method comprising receiving,
by a wireless device, first downlink control information (DCI) scheduling a downlink
transmission associated with a first control resource set (CORESET) group index [Fig
3, DCI 1 from TRP 1 scheduling PDSCH associated with coreset ID, Par. 0009, 0060, 0066-0101, Fig 8, Ref 810]; receiving second DCI activating a scheduling configuration associated with a second CORESET group index [Fig 3, DCI 2 from TRP 2 for activating scheduling SPS PDSCH, Par. 0089-0094, activated associated with coreset ID, Par. 0009, 0066, Fig 8, Ref 810], wherein the downlink transmission overlaps in time with a semi-persistent scheduling (SPS) transmission associated with the scheduling configuration [Fig 8, Ref 810 discloses PDSCH and SPS PDSCH overlap in time, Par. 0060, 0071]. [Fig 9 discloses PDCCH1 and PDCCH2 are received before PDSCH1 and PDSCH2] and based on the first coreset group index and the second coreset group index are different values, receiving the downlink transmission and the SPS transmission [Par. 0086 discloses receiving the PDSCHs based on coreset group indexes are different values]. However, Khoshnevisan fails to disclose based on the determined that the first coreset group index and the second coreset group index are different values, receiving the downlink transmission and the SPS transmission. In the same field of endeavor, Matsumura [US 2022/0240228] discloses based on the determined that the first coreset group index and the second coreset group index are different values [Fig. 3a, 4a, 5a discloses determining the first coreset group index and the second coreset group index are different values such as group 1 for PDCCH 1 and PDSCH 1 and Group 2 for PDCCH 2 and PDSCH 2, then then monitoring PDSCH1 and PDSCH2 according to the group coreset index to receive PDSCH1 and PDSCH2, Par. 0098, 0106, 0116, 0125]. However, Khoshnevisan and Matsumura fail to disclose based on the first coreset group index and the second coreset group index are different values, receiving the downlink transmission and the SPS transmission. In the same field of endeavor, Kim discloses
based on the first coreset group index and the second coreset group index are different values, receiving the first downlink transmission and second downlink transmission [Col. 19:59-21:17 discloses first group coreset index which associated with PDCCH1 and PDSCH1 and second group coreset index which associated with PDCCH1 and PDSCH1 wherein the first and second coreset group index are different, the UE monitors first/second group coreset index to receive PDCCH1/2 which includes the coreset of group 1/2 for UE to receive PDSCH1/2].
Since, a group coreset index which configured for PDDCH, PDSCH of base station, includes the coreset which is monitor by UE to receive PDCCH and PDSCH. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for based on the first coreset group index and the second coreset group index are different values, receiving the first downlink transmission and second downlink transmission into the teaching of based on the determined that the first coreset group index and the second coreset group index are different values for receiving the PDSCH which associates with group coreset index that associated with PDCCH as disclosed by Matsumura into the teaching of Khoshnevisan. The motivation would have been to improve throughput of the system.
As claims 8, 17 and 26, Khoshnevisan discloses the downlink transmission
comprises a physical downlink shared channel (PDSCH) transmission [Fig 3].
As claims 28-30, Khoshnevisan\Matsumura discloses determining that the first coreset group index and the second coreset group index are different values is performed based on determining that the downlink transmission overlaps in time with the SPS transmission [Khoshnevisan discloses Fig 8 discloses performs Ref 820 based on Ref 810 and Matsumura discloses Fig 3A, 4A, 5A discloses based on PDSCH1 and PDSCH2 are overlapped, the determining the group index of each DCI is different “allowed” or equal “not allowed”].
Claim(s) 6-7, 15-16 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan [US 2021/0022167], Kim and Matsumura in view of Fakoorian [US 2021/0051670].
As claims 6, 15 and 24, Khoshnevisan, Kim and Matsumura fail to fully disclose what Fakoorian discloses the receiving the downlink transmission and the SPS transmission further comprises receiving the downlink transmission after reception of the SPS transmission [Fig 2 discloses 205 SPS PDSCH is received before 210 PDSCH].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for receiving PDSCH after receiving SPS as disclosed by Fakoorian into the teaching of Khoshnevisan, Kim and Matsumura. The motivation would have been to improve throughput of the system.
As claims 7, 16 and 25, Khoshnevisan, Kim and Matsumura fail to fully disclose what Fakoorian discloses the receiving the downlink transmission and the SPS transmission further comprises receiving the downlink transmission before reception of the SPS transmission [Fig 6 discloses 615 PDSCH is received before 610 SPS PDSCH].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for receiving PDSCH after receiving SPS as disclosed by Fakoorian into the teaching of Khoshnevisan, Kim and Matsumura. The motivation would have been to improve throughput of the system.
Claim(s) 9, 18 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan, Kim and Matsumura as claims 1, 10 and 19 and further in view of Yi [US 2018/0352582].
As claims 9, 18 and 27, Khoshnevisan, Kim and Matsumura fail to disclose what Yi discloses receiving the downlink transmission based on prioritizing reception of the downlink transmission over the SPS transmission [Table 5, PDSCH has higher priority over SPS PDSCH].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for receiving PDSCH after receiving SPS as disclosed by Yi into the teaching of Khoshnevisan, Kim and Matsumura. The motivation would have been to improve throughput of the system.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1/20/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414