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 non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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, 14, 15, 21, and 22 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 15, 16, 23, and 24 of co-pending Application No. 18/293,183 (US Pub. 2025/0089071 to Ko et al.) (hereinafter Ko183). Although the conflicting claims are not identical, they are not patentably distinct from each other because some of the limitations in the instant application claims 1, 14, and 15 have been eliminated or modified from co-pending claims 15 and 16 as seen in the bold and italic in the tables below. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application Claim 1: Ko183’s claim 16:
1.A method for performing wireless communication by a first device, the method comprising:
16.An apparatus adapted to perform a first device, the apparatus comprising:
at least one processor; and
at least one memory connected to the at least one processor and storing instructions that, based on being executed by the at least one processor, cause the first device to perform operations comprising:
triggering a first sidelink (SL) channel state information (CSI) report related to a first resource set;
triggering a first sidelink (SL) channel state information (CSI) report related to a first resource set;
transmitting, to a second device, first sidelink control information (SCI) for scheduling a first physical sidelink shared channel (PSSCH) and second SCI via a first physical sidelink control channel (PSCCH);
transmitting, to a second device, first sidelink control information (SCI) for scheduling a first physical sidelink shared channel (PSSCH) and second SCI via a first physical sidelink control channel (PSCCH);
based on a resource related to the first PSSCH, transmitting, to the second device, a first SL CSI reference signal (RS) and the second SCI including information related to a first SL CSI request;
based on a resource related to the first PSSCH, transmitting, to the second device, a first SL CSI reference signal (RS) and the second SCI including information related to a first SL CSI request;
triggering a second SL CSI report related to a second resource set;
triggering a second SL CSI report related to a second resource set;
transmitting, to the second device, third SCI for scheduling a second PSSCH and fourth SCI via a second PSCCH; and
transmitting, to the second device, third SCI for scheduling a second PSSCH and fourth SCI via a second PSCCH; and
based on a resource related to the second PSSCH, transmitting, to the second device, a second SL CSI RS and the fourth SCI including information related to a second SL CSI request;
based on a resource related to the second PSSCH, transmitting, to the second device, a second SL CSI RS and the fourth SCI including information related to a second SL CSI request;
wherein, before a time when information related to the first SL CSI report related to the first resource set is completely received, the first device is allowed to trigger the second SL CSI report related to the second resource set.
wherein, before a time when information related to the first SL CSI report related to the first resource set is completely received, the first device is allowed to trigger the second SL CSI report related to the second resource set.
Application Claim 14: Ko183’s claim 15:
14.A first device performing wireless communication, the first device comprising:
15.A first device performing wireless communication, the first device comprising:
at least one memory storing instructions;
at least one memory storing instructions;
at least one transceiver; and
at least one transceiver; and
at least one processor connected to the at least one memory and the at least one transceiver, wherein the at least one processor is adapted to execute instructions to perform operations comprising:
at least one processor connected to the at least one memory and the at least one transceiver, wherein the at least one processor is adapted to execute instructions to perform operations comprising:
triggering a first sidelink (SL) channel state information (CSI) report related to a first resource set;
triggering a first sidelink (SL) channel state information (CSI) report related to a first resource set;
transmitting, to a second device, first sidelink control information (SCI) for scheduling a first physical sidelink shared channel (PSSCH) and second SCI via a first physical sidelink control channel (PSCCH);
transmitting, to a second device, first sidelink control information (SCI) for scheduling a first physical sidelink shared channel (PSSCH) and second SCI via a first physical sidelink control channel (PSCCH);
based on a resource related to the first PSSCH, transmitting, to the second device, a first SL CSI reference signal (RS) and the second SCI including information related to a first SL CSI request;
based on a resource related to the first PSSCH, transmitting, to the second device, a first SL CSI reference signal (RS) and the second SCI including information related to a first SL CSI request;
triggering a second SL CSI report related to a second resource set;
triggering a second SL CSI report related to a second resource set;
transmitting, to the second device, third SCI for scheduling a second PSSCH and fourth SCI via a second PSCCH; and
transmitting, to the second device, third SCI for scheduling a second PSSCH and fourth SCI via a second PSCCH; and
based on a resource related to the second PSSCH, transmitting, to the second device, a second SL CSI RS and the fourth SCI including information related to a second SL CSI request;
based on a resource related to the second PSSCH, transmitting, to the second device, a second SL CSI RS and the fourth SCI including information related to a second SL CSI request;
wherein, before a time when information related to the first SL CSI report related to the first resource set is completely received, the first device is allowed to trigger the second SL CSI report related to the second resource set.
wherein, before a time when information related to the first SL CSI report related to the first resource set is completely received, the first device is allowed to trigger the second SL CSI report related to the second resource set.
Application Claim 15: Ko183’s claim 16:
15.An apparatus adapted to perform a first device, the apparatus comprising:
16.An apparatus adapted to perform a first device, the apparatus comprising:
at least one processor; and
at least one processor; and
at least one memory connected to the at least one processor and storing instructions that, based on being executed by the at least one processor, cause the first device to perform operations comprising:
at least one memory connected to the at least one processor and storing instructions that, based on being executed by the at least one processor, cause the first device to perform operations comprising:
triggering a first sidelink (SL) channel state information (CSI) report related to a first resource set;
triggering a first sidelink (SL) channel state information (CSI) report related to a first resource set;
transmitting, to a second device, first sidelink control information (SCI) for scheduling a first physical sidelink shared channel (PSSCH) and second SCI via a first physical sidelink control channel (PSCCH);
transmitting, to a second device, first sidelink control information (SCI) for scheduling a first physical sidelink shared channel (PSSCH) and second SCI via a first physical sidelink control channel (PSCCH);
based on a resource related to the first PSSCH, transmitting, to the second device, a first SL CSI reference signal (RS) and the second SCI including information related to a first SL CSI request:
based on a resource related to the first PSSCH, transmitting, to the second device, a first SL CSI reference signal (RS) and the second SCI including information related to a first SL CSI request;
triggering a second SL CSI report related to a second resource set;
triggering a second SL CSI report related to a second resource set;
transmitting, to the second device, third SCI for scheduling a second PSSCH and fourth SCI via a second PSCCH; and
transmitting, to the second device, third SCI for scheduling a second PSSCH and fourth SCI via a second PSCCH; and
based on a resource related to the second PSSCH, transmitting, to the second device, a second SL CSI RS and the fourth SCI including information related to a second SL CSI request;
based on a resource related to the second PSSCH, transmitting, to the second device, a second SL CSI RS and the fourth SCI including information related to a second SL CSI request;
wherein, before a time when information related to the first SL CSI report related to the first resource set is completely received, the first device is allowed to trigger the second SL CSI report related to the second resource set.
wherein, before a time when information related to the first SL CSI report related to the first resource set is completely received, the first device is allowed to trigger the second SL CSI report related to the second resource set.
As to claim 21, this claim is fully disclosed in Ko183’s claim 24.
As to claim 22, this claim is fully disclosed in Ko183’s claim 23.
Allowable Subject Matter
Claims 2-13, and 23-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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Date: 01/06/2026
/PHIRIN SAM/Primary Examiner, Art Unit 2476