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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Specification, pages 4-5, paragraphs [0029] - [0033], [0041] - [0043], group figures, together, which is improper. Each Figure needs to be described individually and uniquely, and, the descriptions of Figures may not be identical, they need to be different, from one another.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 06/11/2024 03/21/2024 09/07/2023, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 11791941 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The modification of Patented Claim to match the instant application Claim:
Claim 1. A method performed by a base station, the method comprising: transmitting, from the base station, to a User Equipment (UE), in a Radio Resource Control (RRC) signaling, a parameter corresponding to a first type of Physical Uplink Control Channel (PUCCH) by the base station, from the UE, a first sequence for the first type of PUCCH, wherein the first sequence is defined by e.sup.jαn(n), 0≤n≤11, wherein R(n) is a base sequence, wherein α is defined by α=2πk/12, 0≤k≤11, wherein a value of k is based on one of four sets of two bit-pair values of Hybrid Automatic Repeat Request acknowledgement (HARQ-ACK) information bits, each value of k being different for each one of the four sets at one symbol in a time domain, and wherein each bit of the HARQ-ACK information bits is either 0 or 1, 0 representing a negative acknowledgement (NACK), and 1 representing a positive acknowledgement (ACK).
As seen above, the Patented Claim is broadened, therefore, the Patented Claim anticipates the instant application Claim.
The above analysis is, also, applicable to all independent Claims.
The dependent Claims have the same scope.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. US 11552740 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
See the analysis, in the Parent Application 18/083822, corresponding to the U.S. Patent No. US 11791941 B2, analyzed above. The Applicant had filed a Terminal Disclaimer.
Allowable Subject Matter
Claims 1-20 would be allowable if the two terminal disclaimers, listed above, are filed.
Allowable subject matter:
Claim 1. A method performed by a base station, the method comprising: transmitting, from the base station, to a User Equipment (UE), in a Radio Resource Control (RRC) signaling, a parameter corresponding to a first type of Physical Uplink Control Channel (PUCCH); and receiving, by the base station, from the UE, a first sequence for the first type of PUCCH, wherein the first sequence is defined by e.sup.jαn(n), 0≤n≤11, wherein R(n) is a base sequence, wherein α is defined by α=2πk/12, 0≤k≤11, wherein a value of k is based on one of four sets of two bit-pair values of Hybrid Automatic Repeat Request acknowledgement (HARQ-ACK) information bits, each value of k being different for each one of the four sets at one symbol in a time domain, and wherein each bit of the HARQ-ACK information bits is either 0 or 1, 0 representing a negative acknowledgement (NACK), and 1 representing a positive acknowledgement (ACK).
Claim 11. A method performed by a User Equipment (UE), the method comprising: receiving, by the UE, from a base station, in a Radio Resource Control (RRC) signaling, a parameter corresponding to a first type of Physical Uplink Control Channel (PUCCH); and transmitting, from the UE, to the base station, a first sequence for the first type of PUCCH, wherein the first sequence is defined by e.sup.jαnR(n), 0≤n≤11, wherein R(n) is a base sequence, wherein α is defined by α=2πk/12, 0≤k≤11, wherein a value of k is based on one of four sets of two bit-pair values of Hybrid Automatic Repeat Request acknowledgement (HARQ-ACK) information bits, each value of k being different for each one of the four sets at one symbol in a time domain, and wherein each bit of the HARQ-ACK information bits is either 0 or 1, 0 representing a negative acknowledgement (NACK), and 1 representing a positive acknowledgement (ACK).
Claim 20. A User Equipment (UE) comprising: a memory storing instructions; and a processor configured to execute the instructions to: receive, by the UE, from a base station, in a Radio Resource Control (RRC) signaling, a parameter corresponding to a first type of Physical Uplink Control Channel (PUCCH); and transmit, from the UE, to the base station, a first sequence for the first type of PUCCH, wherein the first sequence is defined by e.sup.jαn R(n), 0≤n≤11, wherein R(n) is a base sequence, wherein α is defined by α=2πk/12, 0≤k≤11, wherein a value of k is based on one of four sets of two bit-pair values of Hybrid Automatic Repeat Request acknowledgement (HARQ-ACK) information bits, each value of k being different for each one of the four sets at one symbol in a time domain, and wherein each bit of the HARQ-ACK information bits is either 0 or 1, 0 representing a negative acknowledgement (NACK), and 1 representing a positive acknowledgement (ACK).
The following is a statement of reasons for the indication of allowable subject matter: see the reason for allowance in the Parent Application 18/083822.
Conclusion
The prior art made of record and considered pertinent to applicant's disclosure and Claims:
See the IDS filed in the instant application, and the case files of the parent applications and applications that, share the same base application.
Nam (US 20120320847 A1)
Abstract: A user equipment is capable of receiving communications from a cell including at least one base station. The user equipment includes a receiver configured to receive from the base station both a cell specific radio resource control (RRC) configuration comprising a cell specific resource offset parameter for a PUCCH HARQ-ACK, and a UE specific RRC configuration comprising a UE specific RS base sequence parameter and an UE specific resource offset parameter for the PUCCH HARQ-ACK.
[0006] base station includes a transmitter configured to transmit to the user equipment both a cell specific radio resource control (RRC) configuration comprising a cell specific resource offset parameter for a physical uplink control channel (PUCCH) carrying an hybrid automatic repeat request (HARQ)-acknowledgement (ACK), and a user equipment (UE) specific RRC configuration comprising a UE specific RS base sequence parameter and an UE specific resource offset parameter for the PUCCH HARQ-ACK. The base station further includes a receiver configured to receive the PUCCH carrying the HARQ-ACK information which is generated based on either the cell specific RRC configuration or the UE specific RRC configuration.
[0007] user equipment includes a receiver configured to receive from the base station both a cell specific radio resource control (RRC) configuration comprising a cell specific resource offset parameter for a PUCCH carrying an HARQ-ACK, and a UE specific RRC configuration comprising a UE specific RS base sequence parameter and an UE specific resource offset parameter for the PUCCH carrying the HARQ-ACK. The user equipment further includes a transmitter configured to transmit the PUCCH carrying the HARQ-ACK information which is generated based on either the cell specific RRC configuration or the UE specific RRC configuration.
[0008] A method for interference mitigation is provided. The method includes transmitting to a user equipment both a cell specific radio resource control (RRC) configuration comprising a cell specific resource offset parameter for a PUCCH carrying an HARQ-ACK, and a specific RRC configuration comprising a UE specific RS base sequence parameter and an UE specific resource offset parameter for the PUCCH carrying the HARQ-ACK. The method further includes receiving the PUCCH which is generated based on either the cell specific RRC configuration or the UE specific RRC configuration.
[0063] When the UE specific RRC configuration is applicable to the user equipment, the user equipment can transmit an UE specific PUCCH carrying HARQ-ACK, which is generated with an UE specific RS generated using UE specific RS base sequence parameter and an UE specific resource offset parameter for the PUCCH HARQ-ACK.
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/H.H/Examiner, Art Unit 2465
/AYMAN A ABAZA/Primary Examiner, Art Unit 2465