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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
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.
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 STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached at 571-272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
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