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 .
Claim Objections
Claims 1, 16 and 20 are objected to because of the following informalities: Claims 1, 16 and 20 use abbreviation OFDM without spelling it out. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 20 recite “A computer readable medium …”. By way of example, and not limitation, such computer-readable medium can comprise RAM, ROM, EEPROM, CD-ROM or other optical disk storage, magnetic disk storage or other magnetic storage devices, or any other medium that can be used to carry or store desired program code in the form of instructions or data structures and that can be accessed by a computer”, where medium does not have a specific definition and does not limit the claimed medium from being a transitory medium such as signal. Pending claims are interpreted as broadly as their terms reasonably allow. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (See MPEP 2111.01). When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. §101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2.
A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation “non-transitory” to the claim. Cf. Animals – Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987)
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 16 and 20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No 12,489,589. Although the claims at issue are not identical, they are not patentably distinct from each other because the following table shows mapping of how the claim of the instant application are made obvious by applicant and in views of what was known in the prior art at the time of invention.
US Patent 12,489,589
Instant Application 18/127,729
Claim 1
A method of wireless communication of a first wireless device of a group of M wireless devices, comprising:
receiving, from a user equipment (UE) and on a first frequency band and through each receiving antenna of the first wireless device of the group of M wireless devices, a first time domain signal occupying a first transmission time interval (TTI.sub.1), respectively, wherein the first time domain signal includes K first OFDM symbols corresponding to a first subcarrier spacing, wherein each first OFDM symbol represents a set of N.sub.1 modulation symbols on N.sub.1 subcarriers using the first subcarrier spacing, wherein M, K, and N.sub.1 each are positive integers;
generating, at the first wireless device, a second time domain signal occupying a second transmission time interval (TTI.sub.2) and corresponding to the first time domain signal, wherein the second time domain signal includes K second OFDM symbols corresponding to a second subcarrier spacing, wherein a jth second OFDM symbol of the K second OFDM symbols represents a set of N.sub.2 modulation symbols on N.sub.2 subcarriers using the second subcarrier spacing, wherein the set of N.sub.2 modulation symbols are derived from the set of N.sub.1 modulation symbols represented by a jth first OFDM symbol of the K first OFDM symbols, wherein N.sub.2 is a positive integer and j is an integer between 1 and K, inclusive; and
transmitting, to a base station and on a second frequency band, each second time domain signal through a transmitting antenna of the first wireless device, respectively.
A method of wireless communication of a group of M wireless devices, comprising:
receiving, on a first frequency band and through each receiving antenna of each wireless device of the group of M wireless devices, a first time domain signal occupying a first interval, respectively, wherein the first time domain signal includes K first OFDM symbols corresponding to a first subcarrier spacing, wherein each first OFDM symbol represents a set of N.sub.1 modulation symbols on N.sub.1 subcarriers using the first subcarrier spacing, wherein M, K, and N.sub.1 each are positive integers;
generating, at the each wireless device, a second time domain signal occupying a second interval and corresponding to the first time domain signal, wherein the second time domain signal includes K second OFDM symbols corresponding to a second subcarrier spacing, wherein a j.sup.th second OFDM symbol of the K second OFDM symbols represents a set of N.sub.2 modulation symbols on N.sub.2 subcarriers using the second subcarrier spacing, wherein the set of N.sub.2 modulation symbols are derived from the set of N.sub.1 modulation symbols represented by a j.sup.th first OFDM symbol of the K first OFDM symbols, wherein N.sub.2 is a positive integer and j is an integer between 1 and K, inclusive; and
transmitting, on a second frequency band, each second time domain signal through a transmitting antenna of the each wireless device, respectively
Conclusion
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/FAISAL CHOUDHURY/Primary Examiner, Art Unit 2478