DETAILED 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 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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Claims 1-48 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 10880921. Although the claims at issue are not identical, they are not patentably distinct from each other because the application’s claims merely broaden the scope of the patented claims by not claiming some claim elements (i.e., an uplink grant for the LAA cell).
Claim 1 of Instant Application
Claim 1 of US 10880921
A method comprising:
A method comprising:
receiving, by a wireless device: radio resource control (RRC) messaging comprising one or more channel access procedure configuration parameters for a cell operating in the shared spectrum; and
receiving, by a wireless device from a base station: one or more radio resource control (RRC) messages comprising listen before talk (LBT) configuration parameters for a licensed assisted access (LAA) cell; an uplink grant for the LAA cell; and
a parameter indicating one starting symbol, of a plurality of configured starting symbols within an uplink time interval, to use for transmission of one or more transport blocks (TBs);
a parameter identifying one starting symbol position, of a plurality of configured starting symbol positions within an uplink subframe, to use for transmission of one or more transport blocks (TBs);
performing, based on the one or more channel access configuration parameters, a channel access procedure for the cell; and
performing, based on the LBT configuration parameters, an LBT procedure for the LAA cell; and
transmitting, based on the channel access procedure indicating an idle channel and starting from the one starting symbol indicated by the parameter, the one or more TBs via the cell.
based on the LBT procedure indicating a clear channel, transmitting, based on the uplink grant and starting from the one starting symbol position identified by the parameter, the one or more TBs via the LAA cell.
Claims 1-48 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-65 of U.S. Patent No. 11582799. Although the claims at issue are not identical, they are not patentably distinct from each other because the application’s claims merely broaden the scope of the patented claims by not claiming some claim elements (i.e., listen before talk (LBT) configuration parameters).
Claim 1 of Instant Application
Claim 1 of US 11582799
A method comprising:
A method comprising:
receiving, by a wireless device: radio resource control (RRC) messaging comprising one or more channel access procedure configuration parameters for a cell operating in the shared spectrum; and
receiving, by a wireless device: one or more radio resource control (RRC) messages comprising one or more listen before talk (LBT) configuration parameters for an unlicensed cell; and
a parameter indicating one starting symbol, of a plurality of configured starting symbols within an uplink time interval, to use for transmission of one or more transport blocks (TBs);
a parameter indicating one starting symbol position, of a plurality of configured starting symbol positions within an uplink time interval, to use for transmission of one or more transport blocks (TBs);
performing, based on the one or more channel access configuration parameters, a channel access procedure for the cell; and
performing, based on the one or more LBT configuration parameters, an LBT procedure for the unlicensed cell; and
transmitting, based on the channel access procedure indicating an idle channel and starting from the one starting symbol indicated by the parameter, the one or more TBs via the cell.
transmitting, based on the LBT procedure indicating a clear channel and starting from the one starting symbol position indicated by the parameter, the one or more TBs via the unlicensed cell.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3, 7-12, 16, 17, 19, 23-28, 32, 33, 35, 39-44 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Bhorkar et al. (US Pub. 2018/0234886) in view of Dinan et al. (US Pub. 2017/0223677).
Regarding claims 1, 17 and 33, Bhorkar teaches a method comprising: receiving, by a wireless device: radio resource control (RRC) messaging comprising one or more channel access procedure configuration parameters for a cell operating in a shared spectrum (“the ED threshold that should be used at UE 110 to perform LBT may be indicated by eNB 136” in [0061]); performing, based on the one or more channel access configuration parameters, a channel access procedure for the cell (“the ED threshold that should be used at UE 110 to perform LBT may be indicated by eNB 136” in [0061]). Bhorkar, however, does not teach receiving a parameter indicating one starting symbol, of a plurality of configured starting symbols within an uplink time interval, to use for transmission of one or more transport blocks (TBs) and transmitting, based on the channel access procedure indicating an idle channel and starting from the one starting symbol indicated by the parameter, the one or more TBs via the cell. Dinan teaches receiving a parameter indicating one starting symbol, of a plurality of configured starting symbols within an uplink time interval, to use for transmission of one or more transport blocks (TBs) (see “a first field comprising an index indicating a starting position” and “The index may identify an allowed starting symbol/time of a plurality of starting symbols/times for transmission of uplink signals” in [0155]) and transmitting, based on the channel access procedure indicating an idle channel and starting from the one starting symbol indicated by the parameter, the one or more TBs via the cell (see “start uplink transmission after the LBT procedure indicates a clear channel” and “The UE may start uplink data transmission at the allowed starting symbol” in [0157]). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Bhorkar to have receiving a parameter indicating one starting symbol, of a plurality of configured starting symbols within an uplink time interval, to use for transmission of one or more transport blocks (TBs) and transmitting, based on the channel access procedure indicating an idle channel and starting from the one starting symbol indicated by the parameter, the one or more TBs via the cell as taught by Dinan in order to use preconfigured starting symbol of UL data [0163].
Regarding claims 3, 19 and 35, Dinan teaches the receiving the parameter indicating the one starting symbol is via a licensed cell (“LAA cell” in [0155]).
Regarding claims 7, 23 and 39, Bhorkar teaches the one or more channel access procedure configuration parameters comprises an indication of an energy detection threshold (“the ED threshold that should be used at UE 110 to perform LBT may be indicated by eNB 136” in [0061]); and the channel access procedure comprises: sensing the cell [0056]; and comparing a detected power with the energy detection threshold (step 530 in Figure 5).
Regarding claims 8, 24 and 40, Bhorkar teaches the receiving at least one of the RRC messaging or the parameter indicating the one starting symbol is from one or more of: a transceiver; a base station; a base station sector; a node; or a relay node (“the ED threshold that should be used at UE 110 to perform LBT may be indicated by eNB 136” in [0061]).
Regarding claims 9, 25 and 41, Dinan teaches the cell comprises one or more of: a licensed assisted access (LAA) cell; a cell that is configured to use an unlicensed spectrum for transmission; a cell that is configured to use an unlicensed spectrum for transmission in accordance with one or more Third Generation Partnership Project standards; a cell that is configured to use an unlicensed spectrum for transmission in accordance with one or more regulatory requirements; a primary cell; a secondary cell; or a primary secondary cell (“LAA cell” in [0155]).
Regarding claims 10, 26 and 42, Bhorkar teaches the uplink time interval comprises one or more of: a frame; a subframe; or a slot [0028].
Regarding claims 11, 27 and 43, Dinan teaches receiving an uplink grant for the cell (“uplink DCI grants to the one or more UEs for an uplink transmission on one or more LAA cells” in [0138]), wherein the transmitting is based on the uplink grant (“an uplink DCI grant comprising an allocation of resource blocks for transmission of uplink data in a first subframe of an LAA cell” in [0155].
Regarding claims 12, 28 and 44, Dinan teaches the receiving the uplink grant is via a licensed cell (“uplink DCI grants to the one or more UEs for an uplink transmission on one or more LAA cells” in [0138]).
Regarding claims 16, 32 and 48, Bhorkar teaches the wireless device supports one or more of: multiple wireless technology standards; or multiple releases of a wireless technology standard (“compatible with one or more radio technologies” in [0070]).
Claims 2, 18 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Bhorkar et al. in view of Dinan et al. and further in view of Kim et al. (US Pub. 2017/0311322).
Regarding claims 2, 18 and 34, Bhorkar in view of Dinan teaches the limitations in claims 1, 17 and 33 as shown above. Bhorkar in view of Dinan, however, does not teach the cell operates according to frame structure Type 3. Kim teaches the cell operates according to frame structure Type 3 [0368]. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Bhorkar in view of Dinan to have the cell operates according to frame structure Type 3 as taught by Kim in order to use a new frame structure used in LAA [0369].
Claims 4-6, 13-15, 20-22, 29-31, 36-38 and 45-47 are rejected under 35 U.S.C. 103 as being unpatentable over Bhorkar et al. in view of Dinan et al. and further in view of Xiong et al. (US Pub. 2018/0359762).
Regarding claims 4, 20 and 36, Bhorkar in view of Dinan teaches the limitations in claims 1, 17 and 33 as shown above. Bhorkar in view of Dinan, however, does not teach the receiving the parameter indicating the one starting symbol is via a physical downlink control channel (PDCCH) or via an enhanced physical downlink control channel (ePDCCH). Xiong teaches the receiving the parameter indicating the one starting symbol is via a physical downlink control channel (PDCCH) or via an enhanced physical downlink control channel (ePDCCH) (see “a DCI may be included in or may be transmitted as part of a 5G physical downlink control channel (xPDCCH)” in [0063] and “the DCI format may include a starting symbol of an xPDSCH or xPUSCH” in [0076]). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Bhorkar in view of Dinan to have the receiving the parameter indicating the one starting symbol is via a physical downlink control channel (PDCCH) or via an enhanced physical downlink control channel (ePDCCH) as taught by Xiong in order to explicitly signal starting symbols for the transmission of the xPDSCH and/or xPUSCH [0086].
Regarding claims 5, 21 and 37, Xiong teaches receiving the parameter indicating the one starting symbol comprises receiving downlink control information (DCI) that comprises the parameter indicating the one starting symbol (“the DCI format may include a starting symbol of an xPDSCH or xPUSCH” in [0076]).
Regarding claims 6, 22 and 38, Xiong teaches the receiving the DCI is in a first time interval (“xPDCCH on subframe n” in [0079]).
Regarding claims 13, 29 and 45, Xiong teaches the receiving the uplink grant is via a physical downlink control channel (PDCCH) or via an enhanced physical downlink control channel (ePDCCH) (see “a DCI may be included in or may be transmitted as part of a 5G physical downlink control channel (xPDCCH)” in [0063] and “a DCI for DL assignment and UL grant may be used to explicitly signal starting symbols” in [0086]).
Regarding claims 14, 30 and 46, Xiong teaches the receiving the uplink grant comprises receiving downlink control information (DCI) that comprises the uplink grant (“a DCI for DL assignment and UL grant may be used to explicitly signal starting symbols” in [0086]).
Regarding claims 15, 31 and 47, Xiong teaches the uplink grant is for k time intervals after a first time interval that comprises downlink control information (DCI) (“the gap between xPDCCH and xPDSCH/xPUSCH may be indicated in the DCI format. For instance, when xPDSCH on sub-frame n+k is scheduled by xPDCCH on subframe n, the gap k may be indicated in the DCI format” in [0079]).
Response to Arguments
Applicant’s arguments with respect to claims 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLEMENCE S HAN whose telephone number is (571)272-3158. The examiner can normally be reached Monday-Friday 8AM-5PM EST.
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/CLEMENCE S HAN/Primary Examiner, Art Unit 2414