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 .
This office action is in response to remarks filed on 11/20/2025.
Claims 1-3, 6, 10-12, 15, 19, and 32-37 are pending and presented for examination. Claims 1-3, 6 10-12, 15, and 19 are amended. Claims 21-31 are canceled. Claims 32-37 are added.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendments
Claims 1-3, 6 10-12, 15, and 19 have been considered based on amendments.
Claims 32-37 have been added and considered.
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 1-3, 6, 10-12, 15, 19, and 32-37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12464478 (hereinafter as Ng).
Claim 1 of instant application
Claim 1 of Ng
Preamble: An apparatus comprising: at least one processor; and at least one memory comprising instructions stored therein that, when executed with the at least one processor, cause the apparatus to perform at least:
Preamble: An apparatus comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus to:
Limitation 1: determine a channel bandwidth (CBW);
Limitation 1: determine a channel bandwidth (CBW); and
Limitation 2: based upon the determining the CBW, determining a maximum power reduction (MPR) for the CBW using the CBW as a value in an equation,
Limitation 2: based upon the determined CBW, determine a maximum power reduction (MPR) for the CBW in accordance with an allowed MPR as defined by an equation,
Limitation 3: wherein the equation is:
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when the CBW determined is in a first group of less than 50 MHz CBWs, or
Limitation 3: wherein the equation is:
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in an instance in which the determined CBW is in a group of less than 50 MHz CBWs;
Limitation 4: wherein the equation is:
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when the CBW determined is in a second group of equal to or larger than 50 MHz CBWs, and
Limitation 4: wherein the equation is:
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in an instance in which the determined CBW is in a group of equal to or larger than 50 MHz CBWs; and
Limitation 5: wherein CEIL(x,0.5 dB) means rounding x upwards to the closest multiple
of 0.5 dB; and
Limitation 5: where CEIL(x,0.5 dB) means rounding x upwards to a closest multiple of 0.5 dB.
Limitation 6: causing a reduction of a maximum output power according to the MPR determined using the equation.
Limitation 6: None
Regarding claim 1, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 1 of the instant application merely rewords limitations 1-5 in claim 1 of the Ng Patent as evident in the italicized portions of the claims.
Claim 1 of Ng fails to disclose limitation 6. However, Lim et al (US20150049726A1) (hereinafter "Lim") discloses causing a reduction of a maximum output power according to the MPR determined using the equation ([0164] the MPR of the maximum output power for the transmission of multiple clusters in the single component carrier is as follows.
MPR=CEIL {MA, 0.5}
Here, the CEIL {MA, 0.5} means a function of rounding off the MPR as a unit of 0.5 dB. That is, MPR∈{3.0, 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0}.
MPR = (8.0 - 10.12 * A)dB, 0 < A ≤ 0.33
= (5.67 - 3.07 * A)dB, 0.33 < A = 0.77
= 3.31dB, 0.77 < A = 1.0
[0055] wherein the resource allocation ratio A is defined as a ratio between NRB__agg and NRB_alloc, and wherein the NRB__agg represents the number of resource blocks (RBs) in a channel band, and the NRB_alloc represents the total number of RBs transmitted at the same time.).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify and use an MPR formula to control transmission power.
The motivation for doing so would be to more effectively manage interference and further reduce power consumption.
Regarding claim 2, Ng discloses the apparatus, wherein the equation is determined from at least two respective values of power backoff for CBWs (see Ng claim 2, where the equation is determined from at least two respective values of power backoff for CBWs).
Regarding claim 3, Ng discloses the apparatus, wherein the equation comprises a line equation which is determined based upon at least two highest backoff values of at least two spaced respective CBWs in a same CBW group (see Ng claim 3, where the equation comprises a line equation which is determined based upon at least two highest backoff values of at least two spaced respective CBWs in a same CBW group).
Regarding claim 6, Ng discloses the apparatus, wherein the instructions stored in the at least one memory, when executed by the at least one processor, further cause the apparatus to perform: determining with which CBW group, from at least two CBW groups, the CBW is associated; and selecting the equation, from a plurality of equations, based upon the CBW group determined (see Ng claim 4, wherein the apparatus further caused to: determine with which CBW group, from at least two CBW groups, the channel bandwidth is associated; and select the equation, from a plurality of equations, based upon the determined CBW group.).
Claim 10 of instant application
Claim 5 of Ng
Preamble: A method of operating an apparatus, the method comprising:
Preamble: A method comprising:
Limitation 1: determining a channel bandwidth (CBW);
Limitation 1: determining a channel bandwidth (CBW); and
Limitation 2: based upon the determined CBW, determining a maximum power reduction (MPR) for the CBW using the CBW as a value in an equation,
Limitation 2: based upon the determined CBW, determining a maximum power reduction (MPR) for the CBW in accordance with an allowed MPR as defined by an equation,
Limitation 3: wherein the equation is:
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59
406
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Greyscale
when the CBW determined is in a first group of less than 50 MHz CBWs, or
Limitation 3: wherein the equation is:
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59
406
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in an instance in which the determined CBW is in a group of less than 50 MHz CBWs;
Limitation 4: wherein the equation is:
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when the CBW determined is in a second group of equal to or larger than 50 MHz CBWs, and
Limitation 4: wherein the equation is:
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63
446
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Greyscale
in an instance in which the determined CBW is in a group of equal to or larger than 50 MHz CBWs; and
Limitation 5: wherein CEIL(x,0.5 dB) means rounding x upwards to the closest multiple
of 0.5 dB; and
Limitation 5: where CEIL(x,0.5 dB) means rounding x upwards to a closest multiple of 0.5 dB.
Limitation 6: causing a reduction of a maximum output power according to the MPR determined using the equation.
Limitation 6: None
Regarding claim 10, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 10 of the instant application merely rewords limitations 1-5 in claim 5 of the Ng Patent as evident in the italicized portions of the claims.
Claim 10 of Ng fails to disclose limitation 6. However, Lim et al (US20150049726A1) (hereinafter "Lim") discloses causing a reduction of a maximum output power according to the MPR determined using the equation ([0164] the MPR of the maximum output power for the transmission of multiple clusters in the single component carrier is as follows.
MPR=CEIL {MA, 0.5}
Here, the CEIL {MA, 0.5} means a function of rounding off the MPR as a unit of 0.5 dB. That is, MPR∈{3.0, 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0}.
MPR = (8.0 - 10.12 * A)dB, 0 < A ≤ 0.33
= (5.67 - 3.07 * A)dB, 0.33 < A = 0.77
= 3.31dB, 0.77 < A = 1.0
[0055] wherein the resource allocation ratio A is defined as a ratio between NRB__agg and NRB_alloc, and wherein the NRB__agg represents the number of resource blocks (RBs) in a channel band, and the NRB_alloc represents the total number of RBs transmitted at the same time.).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify and use an MPR formula to control transmission power.
The motivation for doing so would be to more effectively manage interference and further reduce power consumption.
Regarding claim 11, Ng discloses the method, wherein the equation is determined from at least two respective values of power backoff for CBWs (see Ng claim 6, where the equation is determined from at least two respective values of power backoff for CBWs).
Regarding claim 12, Ng discloses the method, wherein the equation comprises a line equation which is determined based upon at least two highest backoff values of at least two spaced respective CBWs in a same CBW group (see Ng claim 7, where the equation comprises a line equation which is determined based upon at least two highest backoff values of at least two spaced respective CBWs in a same CBW group).
Regarding claim 15, Ng discloses the method, further comprising: determining with which CBW group, from at least two CBW groups, the CBW is associated; and selecting the equation, from a plurality of equations, based upon the CBW group determined (see Ng claim 8, further comprising: determining with which CBW group, from at least two CBW groups, the channel bandwidth is associated; and selecting the equation, from a plurality of equations, based upon the determined CBW group).
Claim 19 of instant application
Claim 9 of Ng
Preamble: An non-transitory computer readable medium comprising program instructions that, when executed with an apparatus, cause the apparatus to perform at least the following:
Preamble: A non-transitory computer readable medium comprising program instructions that, when executed with an apparatus, cause the apparatus to perform at least the following:
Limitation 1: determining a channel bandwidth (CBW);
Limitation 1: determining a channel bandwidth (CBW); and
Limitation 2: based upon the CBW, determining a maximum power reduction (MPR) for the CBW using the CBW as a value in an equation,
Limitation 2: based upon the determined CBW, determining a maximum power reduction (MPR) for the CBW in accordance with an allowed MPR as defined by an equation,
Limitation 3: wherein the equation is:
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59
406
media_image1.png
Greyscale
when the CBW determined is in a first group of less than 50 MHz CBWs, or
Limitation 3: wherein the equation is:
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59
406
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Greyscale
in an instance in which the determined CBW is in a group of less than 50 MHz CBWs;
Limitation 4: wherein the equation is:
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63
446
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Greyscale
when the CBW determined is in a second group of equal to or larger than 50 MHz CBWs, and
Limitation 4: wherein the equation is:
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63
446
media_image2.png
Greyscale
in an instance in which the determined CBW is in a group of equal to or larger than 50 MHz CBWs; and
Limitation 5: wherein CEIL(x,0.5 dB) means rounding x upwards to the closest multiple
of 0.5 dB; and
Limitation 5: where CEIL(x,0.5 dB) means rounding x upwards to a closest multiple of 0.5 dB.
Limitation 6: causing a reduction of a maximum output power according to the MPR determined using the equation.
Limitation 6: None
Regarding claim 19, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 1 of the instant application merely rewords limitations 1-5 in claim 9 of the Ng Patent as evident in the italicized portions of the claims.
Claim 19 of Ng fails to disclose limitation 6. However, Lim et al (US20150049726A1) (hereinafter "Lim") discloses causing a reduction of a maximum output power according to the MPR determined using the equation ([0164] the MPR of the maximum output power for the transmission of multiple clusters in the single component carrier is as follows.
MPR=CEIL {MA, 0.5}
Here, the CEIL {MA, 0.5} means a function of rounding off the MPR as a unit of 0.5 dB. That is, MPR∈{3.0, 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0}.
MPR = (8.0 - 10.12 * A)dB, 0 < A ≤ 0.33
= (5.67 - 3.07 * A)dB, 0.33 < A = 0.77
= 3.31dB, 0.77 < A = 1.0
[0055] wherein the resource allocation ratio A is defined as a ratio between NRB__agg and NRB_alloc, and wherein the NRB__agg represents the number of resource blocks (RBs) in a channel band, and the NRB_alloc represents the total number of RBs transmitted at the same time.).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify and use an MPR formula to control transmission power.
The motivation for doing so would be to more effectively manage interference and further reduce power consumption.
Regarding claim 32, Ng fails to disclose the apparatus, the instructions stored in the at least one memory, when executed by the at least one processor, further cause the apparatus to perform: reducing a maximum output power of the apparatus according to the MPR determined using the equation.
However, Lim discloses the apparatus, the instructions stored in the at least one memory, when executed by the at least one processor, further cause the apparatus to perform: reducing a maximum output power of the apparatus according to the MPR determined using the equation ([0164] the MPR of the maximum output power for the transmission of multiple clusters in the single component carrier is as follows.
MPR=CEIL {MA, 0.5}
Here, the CEIL {MA, 0.5} means a function of rounding off the MPR as a unit of 0.5 dB. That is, MPR∈{3.0, 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0}.
MPR = (8.0 - 10.12 * A)dB, 0 < A ≤ 0.33
= (5.67 - 3.07 * A)dB, 0.33 < A = 0.77
= 3.31dB, 0.77 < A = 1.0
[0055] wherein the resource allocation ratio A is defined as a ratio between NRB__agg and NRB_alloc, and wherein the NRB__agg represents the number of resource blocks (RBs) in a channel band, and the NRB_alloc represents the total number of RBs transmitted at the same time.).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify and use an MPR formula to control transmission power.
The motivation for doing so would be to more effectively manage interference and further reduce power consumption.
Regarding claim 33, Ng fails to disclose the method, further comprising: reducing a maximum output power of the apparatus according to the MPR determined using the equation.
However, Lim discloses the method, further comprising: reducing a maximum output power of the apparatus according to the MPR determined using the equation ([0164] the MPR of the maximum output power for the transmission of multiple clusters in the single component carrier is as follows.
MPR=CEIL {MA, 0.5}
Here, the CEIL {MA, 0.5} means a function of rounding off the MPR as a unit of 0.5 dB. That is, MPR∈{3.0, 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0}.
MPR = (8.0 - 10.12 * A)dB, 0 < A ≤ 0.33
= (5.67 - 3.07 * A)dB, 0.33 < A = 0.77
= 3.31dB, 0.77 < A = 1.0
[0055] wherein the resource allocation ratio A is defined as a ratio between NRB__agg and NRB_alloc, and wherein the NRB__agg represents the number of resource blocks (RBs) in a channel band, and the NRB_alloc represents the total number of RBs transmitted at the same time.).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify and use an MPR formula to control transmission power.
The motivation for doing so would be to more effectively manage interference and further reduce power consumption.
Regarding claim 34, Ng fails to disclose the non-transitory computer-readable medium, wherein the instructions stored therein, when executed with an apparatus, further cause the apparatus to perform: reducing a maximum output power of the apparatus according to the MPR determined using the equation.
However, Lim discloses the non-transitory computer-readable medium, wherein the instructions stored therein, when executed with an apparatus, further cause the apparatus to perform: reducing a maximum output power of the apparatus according to the MPR determined using the equation ([0164] the MPR of the maximum output power for the transmission of multiple clusters in the single component carrier is as follows.
MPR=CEIL {MA, 0.5}
Here, the CEIL {MA, 0.5} means a function of rounding off the MPR as a unit of 0.5 dB. That is, MPR∈{3.0, 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0}.
MPR = (8.0 - 10.12 * A)dB, 0 < A ≤ 0.33
= (5.67 - 3.07 * A)dB, 0.33 < A = 0.77
= 3.31dB, 0.77 < A = 1.0
[0055] wherein the resource allocation ratio A is defined as a ratio between NRB__agg and NRB_alloc, and wherein the NRB__agg represents the number of resource blocks (RBs) in a channel band, and the NRB_alloc represents the total number of RBs transmitted at the same time.).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify and use an MPR formula to control transmission power.
The motivation for doing so would be to more effectively manage interference and further reduce power consumption.
Regarding claim 35, Ng discloses the non-transitory computer-readable medium, wherein the equation is determined from at least two respective values of power backoff for CBWs (see Ng claim 2, where the equation is determined from at least two respective values of power backoff for CBWs).
Regarding claim 36, Ng discloses the non-transitory computer-readable medium, wherein the equation comprises a line equation which is determined based upon at least two highest backoff values of at least two spaced respective CBWs in a same CBW group (see Ng claim 3, where the equation comprises a line equation which is determined based upon at least two highest backoff values of at least two spaced respective CBWs in a same CBW group).
Regarding claim 37, Ng discloses the non-transitory computer-readable medium, wherein the instructions stored therein, when executed with an apparatus, further cause the apparatus to perform: determining with which CBW group, from at least two CBW groups, the CBW is associated; and selecting the equation, from a plurality of equations, based upon the CBW group determined (see Ng claim 4, wherein the apparatus further caused to: determine with which CBW group, from at least two CBW groups, the channel bandwidth is associated; and select the equation, from a plurality of equations, based upon the determined CBW group).
Response to Arguments
Regarding claims 1-3, 6, 10-12, 15, and 19, Applicant’s arguments with respect to 35 USC § 101 judicial exception have been fully considered and are persuasive. The rejection of these claims due judicial exception to has been withdrawn.
On page 11 of Applicant's remarks, Applicant states, " In view of 3GPP '044 being disqualified as prior art based at least upon the 1.130 Declaration of Vesa Kalervo Lehtinen, Applicant notes that the rejections of previously pending Claims 6, 15, 19, 23-25, and 28-31, which rejections rely on 3GPP '044 to cure various deficiencies of Umeda, are improper and should be withdrawn."
The Applicant's arguments have been fully considered and are persuasive. The 35 USC § 103 rejection of these claims has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D LITTLE whose telephone number is (571)272-5748. The examiner can normally be reached M-Th 8-6 EST.
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/D LITTLE/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419