Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Acknowledgment is made of Applicant's submission of amendment, dated on 10/15/2025. This communication is considered fully responsive and sets forth below:
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(CCPA1970); 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).
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Claims 22-49 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over of US patent US11637721B2 for the parent application 17/124,719.
Claim#
Present application 18182804
US11637721B2 for the parent application 17/124,719
Claim #
22
23
24
25
26
27
22. (New) A method in a user equipment (UE), the method comprising: receiving a channel state information reference signal (CSI-RS) from a first antenna port;
receiving a demodulation reference signal (DM-RS) from a second antenna port; and
determining, based at least on an indication received from a network node, that one or more channel properties of the second antenna port can be inferred from the CSI-RS received from the first antenna port,
enabling the UE to perform channel estimation based on the DM-RS received from the second antenna port using at least one or more channel properties estimated using the CSI-RS.
23. (New) The method of claim 22, the UE determining which one or more channel properties of the second antenna port that can be inferred from the CSI-RS received from the first antenna port.
24. (New) The method of claim 22, the UE determining, based at least on the received indication, that the first and second antenna ports are co-located.
25. (New) The method of claim 22, wherein the one or more channel properties are one or more of: signal-to-noise ratio, delay spread, Doppler spread, received timing, and number of significant channel taps.
26. (New) The method of claim 22, the UE performing channel estimation based on the DM- RS using at least one or more channel properties estimated using the CSI-RS.
27. (New) The method of claim 22, wherein the received indication further indicates a plurality of resource blocks or resource block groups across which the first and second antenna ports share one or more channel properties, and wherein the UE receives signals corresponding to the first and the second antenna ports from the same transmission point or set of transmission points over the indicated plurality of resource blocks or resource block groups.
1. A method in a user equipment (UE), the method comprising:
receiving a first reference signal of a first type from a first antenna port;
receiving a second reference signal of a second type from a second antenna port; and
determining, based at least on an indication received in Downlink Control Information, that one or more channel properties of the second antenna port can be inferred from the first reference signal received from the first antenna port.
2. The method of claim 1, wherein the first type of reference signal is a channel state information reference signal (CSI-RS) or a cell-specific reference signal, and the second type of reference signal is a demodulation reference signal (DM-RS).
3. The method of claim 1, wherein the UE is enabled to perform channel estimation based on the second reference signal using at least one or more channel properties estimated using the first reference signal.
4. The method of claim 1, the UE determining which one or more channel properties of the second antenna port that can be inferred from the first reference signal received from the first antenna port.
5. The method of claim 1, the UE determining, based at least on the received indication, that the first and second antenna ports are co-located.
6. The method of claim 1, wherein the one or more channel properties are one or more of: signal-to-noise ratio, delay spread, Doppler spread, received timing, and number of significant channel taps.
7. The method of claim 1, the UE performing channel estimation based on the second reference signal using at least one or more channel properties estimated using the first reference signal.
8. The method of claim 1, wherein the received indication further indicates a plurality of resource blocks or resource block groups across which the first and second antenna ports share one or more channel properties, and wherein the UE receives signals corresponding to the first and the second antenna ports from the same transmission point or set of transmission points over the indicated plurality of resource blocks or resource block groups.
1+2+3
4
5
6
7
8
-The claims 29,30,31,32,33,34, of the Present application 18182804, have the double patenting with the claims (9+10+11),12,13,14,15,16, respectively, of US11637721B2 for the parent application 17/124,719.
-The claims 36,37,38,39,40,41, of the Present application 18182804, have the double patenting with the claims (17+18+19),20,21,22,23,24, respectively, of US11637721B2 for the parent application 17/124,719.
-The claims 43,44,45,46,47,48, of the Present application 18182804, have the double patenting with the claims (9+10+11),12,13,14,15,16, respectively, of US11637721B2 for the parent application 17/124,719.
-Thus, the claims of US patent US11637721B2 for the parent application 17/124,719contain every element of the claims, of the instant application and thus anticipate the claims of the instant application. Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting
-Claims 22,23,24, 25, 29,31,32,36, 38,39 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over of US patent US10097380B2 for the parent application 15/722,432.
-The claims 22,23,24, 25, 29,31,32,36, 38,39 of the Present application 18182804, have the double patenting with the claims 1, 2,5, 7, 8,12,14,8 12,14respectively, of US10097380B2 for the parent application 15/722,432.
-Thus, the claims of US10097380B2 for the parent application 15/722,432 contain every element of the claims, of the instant application and thus anticipate the claims of the instant application. Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting.
Response to Remarks/Arguments
Applicant’s argument:
Applicant argued that the references cited do not disclose “determining, based at least on an indication received from a network node, that one or more channel properties of the second antenna port can be inferred from the CSI-RS received from the first antenna port, enabling the UE to perform channel estimation based on the DM-RS received from the second antenna port using at least one or more channel properties estimated using the CSI-RS”, as cited in claim 22.
“transmitting, to the UE, an indication indicating that one or more channel properties of a channel corresponding to the second antenna port can be inferred from the CSI-RS received from the first antenna port, enabling the UE to perform channel estimation based on the DM-RS transmitted from the second antenna port using at least one or more channel properties estimated using the CSI-RS”, as cited in claim 29.
Examiner’s response:
Applicant’s argument with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons
The Present application 18182804 claims the priority from the application 17/124,719 which is now patent US patent US11637721B2, wherein the claims of US patent US11637721B2 contain every element of the claims, of the instant application. Furthermore , the claims of US patent US11637721B2 discloses the limitation “determining, based at least on an indication received from a network node, that one or more channel properties of the second antenna port can be inferred from the CSI-RS received from the first antenna port, enabling the UE to perform channel estimation based on the DM-RS received from the second antenna port using at least one or more channel properties estimated using the CSI-RS” is taught by combining the limitation the claims 1,2 and 3, of the claims of US patent US11637721B2 ,as follow “ determining, based at least on an indication received in Downlink Control Information, that one or more channel properties of the second antenna port can be inferred from the first reference signal received from the first antenna port , wherein the first type of reference signal is a channel state information reference signal (CSI-RS) or a cell-specific reference signal, and the second type of reference signal is a demodulation reference signal (DM-RS)( see claim2), wherein the UE is enabled to perform channel estimation based on the second reference signal using at least one or more channel properties estimated using the first reference signal ( see claim3)).
“transmitting, to the UE, an indication indicating that one or more channel properties of a channel corresponding to the second antenna port can be inferred from the CSI-RS received from the first antenna port, enabling the UE to perform channel estimation based on the DM-RS transmitted from the second antenna port using at least one or more channel properties estimated using the CSI-RS” is taught by combining the limitation the claims 9,10,11 and 12, of the claims of US patent US11637721B2 ,as follow “transmitting, to the UE, an indication in Downlink Control Information of the first and second antenna ports; wherein the first type of reference signal is a channel state information reference signal (CSI-RS) or a cell-specific reference signal, and the second type of reference signal is a demodulation reference signal (DM-RS); wherein the indication enables the UE to perform channel estimation based on the second reference signal using at least one or more channel properties estimated using the first reference signal ;wherein the indication enables the UE to determine which one or more channel properties of the second antenna port that can be inferred from the first reference signal transmitted from the first antenna port”.
Thus the claims of US patent US11637721B2 anticipate the claims of the instant application. Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting.
Based on the fact, Examiner respectfully disagrees that the prior art cited does not teach the limitation of the independent claims 22 and 29, as argued by applicants. The other Independent Claims, recite features analogous to those of claims 22 and 29, the cited passages teach the other independent claims, as well. Furthermore, the cited passages teach dependent claims, as well.
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.
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/ABDELTIF AJID/ Primary Examiner, Art Unit 2478